Source: September 23, 2015 Read More →

Combined Notice of Trustee’s Sale of Real Property and Public Sale of Personal Property

COMBINED NOTICE
OF TRUSTEE’S SALE OF REAL PROPERTY AND PUBLIC SALE OF PERSONAL PROPERTY

NOTICE IS HEREBY GIVEN that by virtue of a Credit Line Deed of Trust, Assignment of Leases, Rents and Profits, Security Agreement and Fixture Filing dated November 3, 2009 (the “Deed of Trust”), made by Sweet Springs Valley Holdings, LLC, a West Virginia limited liability company (“Grantor”), to Ellen Cappellanti and Charles W. Loeb, Jr., as trustees, of record in the Office of the Clerk of the County Commission of Monroe County, West Virginia, in Trust Deed Book 223, Page 665, to secure Pendleton Community Bank in the payment of the sum of $2,000,000.00, evidenced by a promissory note bearing even date therewith, and Pendleton Community Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust, and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company (the “Substitute Trustee”), having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by Pendleton Community Bank, the owner and holder of said note (the “Noteholder”), said Substitute Trustee, on
WEDNESDAY,
OCTOBER 28, 2015 AT 11:00 A.M.
EASTERN TIME
will offer for sale and sell at public auction at the front door of the Pendleton County Courthouse in Franklin, West Virginia, to the highest bidder therefor, all of the following described real estate together with the improvements thereon and appurtenances thereunto, situate, lying and being in Sweet Springs District, Monroe County, West Virginia (the “Real Property”), and more particularly described as follows:
Tract No. 1: All that certain tract or parcel of land, known previously as the old Sweet Springs Resort property, situate in Sweet Springs District, Monroe County, West Virginia, about 0.5 of a mile southwest of the Virginia-West Virginia state line on the south side of West Virginia Route 311 and on the south side of what was known as the “Union Sweet Springs Turnpike”, and more particularly bounded and described as follows:

Beginning at a point in the center of what was known as the “Union-Sweet Springs Turnpike” on the Property line of the Ervin Baker property and a line bears N 7-11 E 712.9 feet to a fence post witnessed by a 3/4” iron pin, on the south side of Route 311 marking a corner between the West Virginia Board of Control and the Delving Baker property; thence through the West Virginia Board of Control property, S 86-48 E, at 12.05 feet passing a fence post on line, in all a total of 341.46 feet to a concrete monument, set, from which a line bears S 53-05 W 109.54 feet to the northern corner of a 1 story brick building enclosing a swimming pool; thence, N 24-40 E 214.25 feet to a fence post; thence, S 70-36 E 259.76 feet to a concrete monument, set; thence, S 4-02-30 E 200.74 feet to a fence post; thence, S 20-16 E 342.29 feet to a fence post from which a line bears N 79-55 W 32.83 feet to the southeast corner of a 1 story brick building; thence, S 66-33 W 161.75 feet to a fence post from which a line bears N 3-44 E 48.20 feet to the southwest corner of a 1 story brick building; thence, S 50-34 W 110.85 feet to a fence post; thence, S 43-1-30 W 138.75 feet to a fence post; thence, S 36-23-30 E 142.36 feet to a 36” maple; thence, S 55-00 W 270.89 feet to a fence post; thence, N 59-09-30 W 102.18 feet to a fence post; thence, S 65-49 W 222.11 feet to a concrete monument, set; thence, S 58-25-30 W 228.97 feet to a concrete monument, set; thence, N 39-31 W 36.50 feet to a fence post; thence, S 68-14 W 228.62 feet to a fence post; thence, S 20-56 W 189.08 feet to a fence post; thence, N 86-07-30 W 54.49 feet to a fence post; thence, N 1-33-30 W 275.50 feet to a fence post; thence, N 2-05 E 288.10 feet to a fence post on or near the southeastern right-of-way of W. Va. Rt. 311 but binding thereto; thence binding to the southeastern right-of-way of W. Va. Rt. 311 the following courses and distances, N 32-22-30 E 330.01 feet to a point; thence, N 41-16 E 167.00 feet to a point; thence, S 48-44 E 5.00 feet to a point; thence, N 32-01 E 228.64 feet to a point in the center of what was known as the “Union-Sweet Springs Turnpike,” a corner to Ervin Baker; thence leaving Rt. 311 and with the center of the “Union-Sweet Springs Turnpike” and Ervin Baker; thence, N 40-19 E 132.00 feet to a point; thence, N 8-58 E 42.12 feet to a point in the center of a concrete bridge; thence, N 10-18 W 25.16 feet to the beginning, and containing 22.81 acres, more or less.

Tract No. 2: All that certain tract or parcel of land situate in Sweet Springs Valley, Sweet Springs District, Monroe County, West Virginia, including the sewage disposal plant built thereon and the right to maintain a sewer line to the plant, and more particularly bounded and described as follows:

BEGINNING at an existing 1” iron pipe on the western right-of-way line of State Route 311, thence with said right-of-way line, S. 19º 42’ 27” W. 210.70 feet to a rebar set on the western right-of-way of State Route 311; thence leaving said right-of-way and with the line of Jack Spillman the following three (3) courses and distances: N. 63º 40’ 33” W. 620.00 feet crossing Sweet Springs Creek to a rebar set, said rebar bears S. 12º 46’ 35” W. 99.7 feet from a 46” black willow on the west side of said creek; thence, N. 19º 42’ 27” E. 210.70 feet to a point in said creek; thence leaving said creek, S. 63º 40’ 33” E. 620.00 feet to the place of BEGINNING, and containing 2.98 acres more or less.

Together with the following additional rights and privileges:

(1) The right to water from property known as the Andrew S. Rowan Institutional farm (comprised of property conveyed to the West Virginia Board of Control in deeds recorded in the Clerk’s Office in Deed Book Numbers 93 at pages 410 and 411, 73 at page 444, 79, at page 99, 88 at page 172, and 91 at page 325, less Tract No. One above described) which is necessary to supply water for the use of the tracts hereby conveyed and to supply water required under any provisions in the chain of title of such tract or in the chain of title to the property described in the above-reference deeds to the West Virginia Board of Control, including, but not limited to, such rights to water which may exist by virtue of those certain deeds recorded in the Clerk’ office in Deed Books Numbers 58 at page 246, 54 at page 15, 59 at page 43, and 83 at page 259;

(2) The right to use, maintain and replace the drinking water reservoir on the said institutional farm and rights of way across said institutional farm following the courses of the water lines from the springs to the reservoir and from the reservoir to the tracts hereby granted so as to allow operation, maintenance or replacement of such line and reservoir and access to and from said springs;

(3) The right to use, maintain and replace the sprinkler water reservoir located on said institutional farm used for supplying water for the sprinkler system in buildings on the tracts conveyed and a right of way across the said institutional farm following the course of the reservoir supply line from the swimming pool spring on Tract No. 1 and the course of the reservoir discharge line so as to allow operation, maintenance or replacement of such lines and reservoir and access to and from said spring; and

(4) Any other easement for the benefit of the tracts of property hereby conveyed as is granted by West Virginia Code §19-12A-4 (c).

And being the same real estate, rights, privileges and appurtenances conveyed to Sweet Springs Valley Holdings, LLC by Deed dated August 30, 2005, and recorded in the office of the Clerk of the County Commission of Monroe County, West Virginia, in Deed Book 244, at Page 461.

TERMS OF SALE:

1. Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale.
2 The Real Property shall be sold “AS IS” and “WITH ALL FAULTS.” Neither the Substitute Trustee, the Noteholder, the auctioneer, nor their respective agents, successors, and assigns, make any representations or warranties with respect to the Real Property including, without limitation, representations or warranties as to the structural integrity, physical condition, construction, workmanship, materials, habitability, fitness for a particular purpose or merchantability of all or any part of the Real Property. Without limiting the generality of the foregoing, the Real Property will be sold without representation or warranty as to the environmental condition of the Real Property or the compliance of the Real Property with federal, state, or local laws and regulations concerning the purchase or disposal of hazardous substances. Acceptance of the deed to the Real Property shall constitute a waiver of any claims against the Substitute Trustee, the Noteholder, the auctioneer and their respective agents, successors, and assigns, concerning the environmental condition of the Real Property, including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or state or local law, ordinances or regulations.
3. The Real Property will be sold subject to all prior liens senior in priority to the Deed of Trust, all unpaid real property taxes or assessments, personal property taxes or assessments, encumbrances and claims in favor of public service districts/municipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements recorded in the aforesaid Clerk’s office prior to the Deed of Trust and affecting the Real Property.
4. Settlement shall be by cashier’s check or wire transfer of immediately available federal funds, and shall occur within thirty (30) days from date of sale, TIME BEING OF THE ESSENCE.
5. Settlement shall occur in the offices of the Substitute Trustee or such other place as mutually agreed upon. The Substitute Trustee reserves the right to extend the date of settlement as may be necessary to complete arrangements for settlement.
6. The Good Faith Deposit, without interest, shall be applied to the credit of the foreclosure purchaser at settlement. If the foreclosure purchaser fails to complete settlement, the Good Faith Deposit shall be forfeited, and the Substitute Trustee may resell the Real Property at the risk and cost of the defaulting purchaser.
7. Joe R. Pyle Auction Service will assist with the sale as auctioneer.
8. Conveyance of the Real Property shall be by a trustee’s deed without representations or warranties, and foreclosure purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
9. The risk of loss or damage to the Real Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale.
10. The Substitute Trustee will not deliver possession of the Real Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property.
11. At the time of sale, the foreclosure purchaser shall be required to execute a memorandum of sale (the “Memorandum of Sale”) which shall include, by reference, all the terms and conditions contained herein. The form of Memorandum of Sale shall be available from the Substitute Trustee upon request and will be available at sale time. Immediately upon the conveyance by the Substitute Trustee of the Real Property to the purchaser at foreclosure, all duties, liabilities and obligations of the Substitute Trustee, if any, with respect to the Real Property shall be extinguished.
12. Pursuant to the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The Noteholder reserves the right to purchase the Real Property at such sale.
13. Additional terms and conditions may be announced at the sale.
At the public foreclosure sale any person or entity may bid and may purchase the Real Property sold if they be the highest bidder. If the Real Property is sold for an amount in excess of the outstanding balance of the secured debt, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on the Real Property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor or such other party holding an encumbrance on the Real Property under applicable law. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of Monroe County for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the Real Property, the United States would have the right to redeem the Real Property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
NOTICE IS HEREBY FURTHER GIVEN that, by virtue of (i) the Deed of Trust, (ii) certain Security Agreements each dated November 3, 2009, made by Grantor and Sweetsommer Water Bottling Co., LLC in favor of Noteholder, (iii) certain Security Agreements dated April 27, 2010, July 6, 2010 and July 13, 2010 made by Sweetsommer Water Bottling Co., LLC and Smiths Beverage Corporation in favor of Noteholder, (iii) certain Fixture Filings naming Grantor, Sweetsommer Water Bottling Co., LLC and Smiths Beverage Corporation, as debtors and Noteholder, as secured party, recorded in the aforesaid Clerk’s office and (iv) certain UCC-1 Financing Statements naming Grantor, Sweetsommer Water Bottling Co., LLC and/or Smiths Beverage Corporation, as debtors and Noteholder, as secured party and filed in the Office the West Virginia Secretary of State,Substitute Trustee, acting as authorized agent for Pendleton Community Bank, secured creditor, on
WEDNESDAY,
OCTOBER 28, 2015 AT 11:00 A.M.
EASTERN TIME
will offer for sale and sell at public auction at the front door of the Pendleton County Courthouse in Franklin, West Virginia, to the highest bidder therefor, all equipment, fixtures, inventory, accounts, chattel paper, general intangibles, documents, instruments located on or associated with the Real Property of Grantor, Sweetsommer Water Bottling Co., LLC and Smiths Beverage Corporation (collectively, the “Fixtures and Personal Property”). Joe R. Pyle Auction Service will also assist with the sale of the Fixtures and Personal Property as auctioneer.
There is no warranty relating to title, possession, quiet enjoyment or other warranties on disposition as otherwise may arise under Section 46-9-610(d) of the WV Code with regard to the Fixtures and Personal Property. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED
The terms of sale for the Real Property shall apply to the Fixtures and Personal Property, mutatis mutandis, and such terms are hereby incorporated into this notice of sale for the Fixtures and Personal Property.
Dated: September 14, 2015

APPALACHIAN TITLE
SERVICES, LLC
Substitute Trustee

P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
appalachiantitle@yahoo.com
9-24-2c