Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given that by virtue of the following deed of trust: Credit Line Deed of Trust, Assignment of Leases and Rents, and Security Agreement dated September 25, 2018 made by Heists Restaurant Group LLC to Christopher J. Plybon and Bryon D. Collier, Trustees, for the benefit of David R. Pollitt, as Agents, on behalf of Ace, LLC and QD, LLC, which credit line deed of trust is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book No. 4328, at Page 111, as assigned to David R. Pollitt, individually, by Absolute Assignment of Note, Deed of Trust and Security Agreement dated as of September 25, 2018, of record in Assignment Book 262, at Page 682. Default having been made in the payment of the obligations secured by such credit line deed of trust, Christopher J. Plybon and Bryon D. Collier, Trustees, either of whom may act individually in their capacity as Trustee, having been required to do so by David R. Pollitt, the beneficiary of such deed of trust and holder of the obligations secured thereby, and having full and absolute power and authority in the premises, will on the 30th day of December, 2020, at 11:00 a.m. Eastern Time, offer for sale and sell at public auction, for cash to the highest bidder, at the main front door of the Courthouse of Kanawha County, at 409 Virginia Street East, West Virginia, the following described property: PARCEL 1: All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto appertaining, situate on the northeast side of Quarrier Street, between Dunbar and Dickinson Streets, in the City of Charleston, Kanawha County, West Virginia, fronting twenty-seven (27) feet on said Quarrier Street and extending back between parallel side lines a distance of one hundred twenty (120) feet to an alley fifteen (15) feet in width, which lot is more particularly bounded and described as follows: BEGINNING at a point in the line of said Quarrier Street 54 feet from the outer edge of the curb line on said Dunbar Street as extended from Quarrier Street and running towards Lee Street; thence leaving with said Quarrier Street and running parallel with said Dunbar Street, a distance of 120 feet to the line of a 15 foot alley, connecting said Dunbar Street with Cragg’s alley; thence with the line of said alley towards Dickinson Street, a distance of 27 feet, thence running back to Quarrier Street a distance of 120 feet; thence running with said street 27 feet to the place of BEGINNING. Being the same property conveyed to ACE, LLC, a West Virginia limited liability company, by Quarrier Diner, Inc., by Deed dated August 26, 2010, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2775, at Page 427. PARCEL 2: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Charleston East Tax District, City of Charleston, Kanawha County, West Virginia, and more particularly described as follows: BEGINNING at a point in the northeast line of Quarrier Street being the northwest corner of the existing two story brick building known as “OLD QUARRIER DINER” presently owned by ACE, LLC being described in Deed Book 2775, at page 427, and running thence from said beginning point with the northeast line of Quarrier Street, N, 42 11’34” W., 12.06 feet to a survey spike (set) at the northwest corner of Parcel “B” hereby described; thence leaving the northeast line of Quarrier Street and running through existing parking lot, N. 53 47’52” E., 120.26 feet to a survey spike (set) in the southwest line of 15 foot alley; thence running with the southwest line of 15 foot alley, S. 41 59’16” E., 12.06 feet to a point being the northeast corner of “Old Quarrier Diner” and common corner to ACE, LLC; thence running with the northwest wall of “Old Quarrier Diner” two story brick building, S. 53’48’00” W., 120,22 feet to the point of beginning, containing 1,442,42 square feet or 0.03 acre more or less designated as Parcel “B” on plat entitled, “Map Showing Parcels “A” & “B” Of Subdivision Of Disposition Parcel No, 1000 Located In Charleston East Tax District, City Of Charleston, Kanawha County, West Virginia Owned By Charleston Urban Renewal Authority”, dated September 17, 2010, revised September 22, 2010, prepared by Field Surveying Co., Inc., David E. Thomas, W.Va. Land Surveyor No. 30, recorded in the following described deed of record in Deed Book 2947, at Page 911. TOGETHER WITH all buildings and other improvements and fixtures thereon and thereto. Being the same property conveyed to ACE, LLC, a West Virginia limited liability company, by Charleston Urban Renewal Authority, a public body corporate established pursuant to Chapter 16, Article 18, Section 4, Code of West Virginia, of 1931, as amended, by Deed dated September 30, 2010, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2947, at Page 911. Parcel 1 and 2 being the same property conveyed to Heists Restaurant Group LLC by ACE, LLC dated September 25, 2018, recorded in the aforesaid Clerk’s Office in Deed Book 3013, at Page 202, together with all buildings and improvements and fixtures thereon or thereto. TERMS OF SALE: 1. Cash in hand paid on the day of sale. 2. The sale is made “where is, as is” with no warranty whatsoever. 3. The Trustees shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 4. Subject to any and all assessments and taxes against said property, and all matters of record in the aforesaid Clerk’s Office senior in priority to the deed of trust under which this sale is being made, including without limitation all prior liens and encumbrances of any nature whatsoever, including, without limitation, the liens for ad valorem taxes assessed against the property. 5. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code. 6. If the sale is set aside, the purchaser at such sale may be entitled to only a return of the amount paid less any applicable fees and costs and shall have no further recourse against the Trustees, the Beneficiary, or any other person or entity. 7. The Trustees reserve 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 sale described above or any adjournment thereof. Given under my hand this 9th day of December, 2020. Christopher J. Plybon, Trustee (1-304-529-6181) LC-102982 12-16,23;2020