Legal 6 col x 20”
0210 0224
TO: GREENBRIER SPORTING CLUB DEVELOPMENT COMPANY, INC.
300 WEST MAIN STREET
WHITE SULPHUR SPRINGS, WV 24986
GREENBRIER SPORTING CLUB, INC.
300 WEST MAIN STREET
WHITE SULPHUR SPRINGS, WV 24986
GREENBRIER SPORTING CLUB DEVELOPMENT COMPANY, INC.
302 S. JEFFERSON ST., SUITE 600
ROANOKE, VA 24011
GREENBRIER SPORTING CLUB, INC.
302 S. JEFFERSON ST., SUITE 600
ROANOKE, VA 24011
NOTICE OF SALE
Under authority of a certain Deed of Trust dated July 24, 2015, from GREENBRIER SPORTING CLUB DEVELOPMENT COMPANY., INC. and GREENBRIER SPORTING CLUB. INC., to Worth H. Carter, Jr. and David M. Moore, Trustees, securing Carter Bank & Trust in the amount of $250,000,000.00, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book 754, at page 626, and modified by that certain Modification of Deed of Trust dated August 1, 2017, recorded in Trust Deed Book 782, at page 461, and by that certain Modification of Deed of Trust dated August 2017, recorded in Trust Deed Book 782, at page 567, and by that certain Modification to Deed of Trust dated August 1, 2021, recorded in Trust Deed Book 853, at page 213, and by that certain Modification to Deed of Trust dated January 1, 2022, recorded in Trust Deed Book 861, at page 856, and by that certain Subordination Agreement dated January 29, 2024, recorded in Trust Deed Book 889, at page 562, respectively, default having been made in the payment of the obligation secured by said Deed of Trust, and sale having been requested in writing by the holder of the indebtedness secured, the undersigned, Raymond G. Dodson, Successor Trustee (the “Successor Trustee”), by virtue of Appointment of Successor Trustee dated May 26, 2022, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 868, at page 490, will offer for sale at the front door of the Greenbrier County Courthouse in Lewisburg, West Virginia, on March 5, 2024 at 11:00 o’clock, the certain real estate conveyed in said Deed of Trust, which is further founded and described as follows:
THE GREENBRIER HOTEL PROPERTIES
GVS I
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Units 9, 11, 12, 22, 25, 26, 27, 28, 30, 36, 37 and 38 in Greenbrier Summit Village Phase One Neighborhood (the “Lot/Unit”) of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of subdivision dated March 22, 2005, prepared by James A. Thompson and entitled “Tract Line Vacation and Subdivision Plat, Greenbrier Summit Village Phase One Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia (the “Clerk’s Office”), indexed in Map Book No. 5, in Cabinet File Nos. B-180, B-181 and B-182 and Cabinet Nos. D-44, D-45 and D-46, inclusive, (the”Subdivision Plat”), together with a perpetual right of way and easement in common with other owners of other Lots/Units in Greenbrier Summit Village Phase One Neighborhood and CSX Hotels, Inc. (“CSX”), its employees, agents, contractors, lessees, invitees, successors and assigns, over and across those parcels of land shown and described upon the Subdivision Plat as “(Extension of) Jackson Ridge” , “Summit Village Trail”, “Hayes Ridge” and Hawk’s Nest Court” (the “Neighborhood Streets”). The Neighborhood Streets shall be and remain private, and no dedication thereof to public use is intended hereby. The Property is part of the same property conveyed unto The Greenbrier Sporting Club Development Company, Inc. by Quitclaim Deed dated August 31, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 342, and is also part of the same real property conveyed unto the Greenbrier Sporting Club Development Company, Inc. by Deed of Correction dated September 4, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 461.
GVS II
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Units 42, 53, 54, 55, and 56 (the “Lot/Unit”), in Greenbrier Summit Village Phase Two Neighborhood of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of subdivision dated September 7, 2005, prepared by James A. Thompson, entitled “Tract Line Vacation And Subdivision Plat, Greenbrier Summit Village Phase Two Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia (the “Clerk’s Office”), indexed in Map Book No. 5, Cabinet Nos. C-2 and C-3, inclusive and Cabinet Nos. D-49 and D-50, inclusive (the “Subdivision Plat”), together with a perpetual right of way and easement in common with other owners of other Lots/Units in Greenbrier Summit Village Phase Two Neighborhood and CSX Hotels, Inc. (“CSX”), its employees, agents, contractors, lessees, invitees, successors and assigns, over and across those three (3) parcels of land shown and described upon the Subdivision Plat as “Caldwell Lane”, “(Extension of) Jackson Ridge” and Stuart Lane” (together, the “Neighborhood Streets”). The Neighborhood Streets shall be and remain private, and no dedication thereof to public use is intended hereby. The Property is part of the same property conveyed unto The Greenbrier Sporting Club Development Company, Inc. by Quitclaim Deed dated August 31, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 342 and is also part of the same real property conveyed unto the Greenbrier Sporting Club Development Company, Inc. by Deed of Correction dated September 4, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 461.
GVS III
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Units 59, 62, 63, 64, 65, 66, and 67 (the “Lot/Unit”), in Greenbrier Summit Village Phase Three Neighborhood of the planned community known as “The Greenbrier Sporting Club” , as shown upon a map or plat of subdivision dated May 22, 2007, prepared by James A. Thompson, entitled “Subdivision Plat, Greenbrier Summit Village Phase Three Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia (the “Clerk’s Office”), indexed in Map Book No. 5, Cabinet Nos. C-149 and C-150, inclusive and Cabinet Nos. D-53 and D-55, inclusive(the “Subdivision Plat”), together with a perpetual right of way and easement in common with other owners of other Lots/Units in Greenbrier Summit Village Phase Three Neighborhood and CSX Hotels, Inc. (“CSX”), its employees, agents, contractors, lessees, invitees, successors and assigns, over and across that parcel of land shown and described upon the Subdivision Plat as “(Extension of) Jackson Ridge” and “North Ridge” (together, the “Neighborhood Streets”). The Neighborhood Streets shall be and remain private, and no dedication thereof to public use is intended hereby. The Property is part of the same property conveyed unto The Greenbrier Sporting Club Development Company, Inc. by Quitclaim Deed dated August 31, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 342.
Howard’s Creek III
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Units 41, 43 and 44 in Howard’s Creek Phase Three Neighborhood (the “Lot/Unit”), of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of subdivision dated February 8, 2005, prepared by Draper Aden Associates, entitled “Subdivision Plat, Howard’s Creek Phase Three Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia” a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book No. 5, Cabinet No. B-164 (the “Subdivision Plat”), together with a nonexclusive, perpetual right of way and easement (the “Neighborhood Access Easement”) over and across that parcel of land shown and described upon the Subdivision Plat as “Prospect Circle” (the “Neighborhood Street”). There is also granted an “Access Easement” consisting of a perpetual right of way and easement in common with CSX Hotels, Inc. and others, over and across the portion of “Village Run” described in Deed Book 337 at Page 248 which runs from its intersection with U.S. Route 60 to its intersection with “Old Stage Road” in Howard’s Creek Phase One Neighborhood. The Neighborhood Access Easement and the Access Easement are for the purpose of providing access to and from the Neighborhood Street and U.S. Route 60. The Neighborhood Street, the Neighborhood Access Easement and the Access Easement shall be and remain private, and no dedication thereof to public use is intended hereby. The Property is part of the same property conveyed unto The Greenbrier Sporting Club Development Company, LLC by Quitclaim Deed dated August 31, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 342.
Ridges II
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Units 37, 38, 50, 51, 52, 53, 54, 55, 56, and 69 on The Ridges on Greenbrier Mountain Phase Two of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of subdivision dated August 5, 2002, prepared by James A. Thompson, entitled “Subdivision Plat, The Ridges on Greenbrier Mountain Phase Two, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia” a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book No. 4, in Cabinets B-68, B-69, B-70 & B-71 and Map Book 5, in Cabinet Nos. D-28, D-29, D-30 and D-31, inclusive, (the “Unit”), together with a nonexclusive, perpetual right of way and easement, (the “Access Easement”), in common with other owners of other Lots/Units in The Ridges on Greenbrier Mountain Phase Two and CSX, its employees, agents, contractors, lessees, invitees, successors and assigns, over and across those parcels of land shown. and described upon the Subdivision Plat as “Bear Cub Trail”, “McKinley Ridge”, “Wilson Ridge” (including the “bump out” northwest of Lot 47 with dimensions of 109.32 feet, 157.91 feet x 64.09 feet, which may be used as the site of a water storage tank), “Fillmore Ridge” and “Sugar Creek Hollow” (including the “bump out” with dimensions of 130’ x 130’ x 134.24’ west of Lots 64 & 65 which may be used as the site of a water pump booster station) (collectively, the “Neighborhood Streets”). The Neighborhood Streets shall be and remain private, and no dedication thereof to public use is intended hereby, as well as an “Access Easement” consisting of a perpetual right of way and easement in common with CSX, its employees, agents, contractors, lessees, invitees, successors and assigns, over and across (i) the portion of “Village Run described in Deed Book 337 at Page 248 which runs from its southern terminus as shown in Map Book 4 in Hanging File B-10 to its intersection with U. S. Route 60 and (ii) the forty foot wide strip of land adjoining The Ridges on Greenbrier Mountain Phase One subdivision (“Phase One”) and designated on the subdivision plat for Phase One as “Additional 40TR/W & Utility Easement, 0.85 Acres”. The Access Easement (in conjunction with the “Additional Access Road”, and the portion of “Village Run” (Neighborhood Road and Neighborhood Access Road) conveyed to The Greenbrier Sporting Club Development Company, LLC is for the purpose of providing access from the Neighborhood Streets to U. S. Route 60. The Access Easement and all additional Access Roads shall be and remain private, and no dedication thereof to public use is intended hereby. The Property a part of the same property conveyed unto The Greenbrier Sporting Club Development Company, Inc. by deed dated August 31, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County West Virginia, in Deed Book 575 at Page 342 and is also part of the same real property conveyed unto the Greenbrier Sporting Club Development Company, Inc. by Deed of Correction dated September 4, 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 461.
Ridges III
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Units 76, 81, 85, 86, 87, 91, 92, 97, and 98 in The Ridges on Greenbrier Mountain Phase Three Neighborhood of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of subdivision dated April 29, 2004, prepared by James A. Thompson, entitled “Subdivision Plat, The Ridges on Greenbrier Mountain Phase Three Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia” a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Map Book No. 4, in Cabinet File Nos. B-125, B-126 & B-127, inclusive, and Cabinet Nos. D-32, D-33 and D-34, inclusive,(the “Lot/Units”), together with a perpetual right of way and easement in common with other owners of other Lot/Units in The Ridges on Greenbrier Mountain Phase Three Neighborhood and CSX, its employees, agents, contractors, lessees, invitees, successors and assigns, over and across those parcels of land shown and described upon the Subdivision Plat as “Dogwood Trail”, “Buchanan Ridge”, “Arthur Ridge” and “Jackson Ridge” (collectively, the “Neighborhood Streets”). The Neighborhood Streets shall be and remain private, and no dedication thereof to public use is intended hereby. The Property being the same conveyed unto Oakhurst Club, LLC by deed dated November 14, 2016 from William R. Moore, III, et ux and of record in the aforesaid Clerk’s Office in Deed Book 589 at Page 189; and is also part of the same property conveyed unto The Greenbrier Sporting Club Development Company, Inc. by deed dated August 31 , 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 342.
Ridges IV
All that surface only of those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as Lot/Unit 109 in The Ridges on Greenbrier Mountain Phase Four Neighborhood of the planned community known as “The Greenbrier Spotting Club”, as shown upon a map or plat of subdivision dated March 4, 2005, prepared by James A. Thompson, entitled “Subdivision Plat, The Ridges on Greenbrier Mountain Phase Four Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia” a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Map Book No. 5, in Cabinet File Nos. B-171, B-172 and B-173, inclusive, and Map Book No. 5, Cabinet Nos. D-39, D-40 and D-41, inclusive, (the “Lot/Unit”), together with a perpetual right of way and easement in common with other owners of other Lots/Units in The Ridges on Greenbrier Mountain Phase Four Neighborhood and CSX, its employees, agents, contractors, lessees, invitees, successors and assigns, over and across those parcels of land shown and described upon the Subdivision Plat as “(Extension of) Wilson Ridge” (the “Neighborhood Street”). The Neighborhood Street shall be and remain private, and no dedication thereof to public use is intended hereby, the Property being the same real property conveyed unto The Greenbrier Sporting Club, Inc. by deed dated September 28, 2016 from The Annett L. Neff Residual Trust dated April 8, 1986 and of record in the aforesaid Clerk’s Office in Deed Book 587 at Page 168; and also is part of the same property conveyed unto The Greenbrier Sporting Club Development Company, Inc. by Quitclaim Deed dated August 3 1 , 2015 from Greenbrier Hotel Corporation, a West Virginia corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 575 at Page 342.
Ridges VI
All that surface only of that certain lot, tract or parcel of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described Lot/Units 127 in The Ridges on Greenbrier Mountain Phase Six Neighborhood of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of subdivision dated July 5, 2006, prepared by James A. Thompson, entitled “Tract Line Vacation and Subdivision Plat, The Ridges on Greenbrier Mountain Phase Six Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia (the “Clerk’s Office”), indexed in Map Book No. 5. in Cabinet No. C-59 and Cabinet No. D-54 (the “Lot/Unit”), together with a perpetual right of way and easement, over and across those parcels of land shown and described upon the Subdivision Plat as “Eisenhower Ridge” and “Polk Lane” (the “Neighborhood Streets”). The Neighborhood Streets shall be and remain private, and no dedication thereof to public use is intended hereby, and being a part of the same property conveyed unto Greenbrier Hotel Corporation, a West Virginia corporation by deed dated October 27, 2009 from The Greenbrier Sporting Club Development Company, Inc., a Delaware corporation, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 530 at Page 779, and being the same lots as shown on the recorded dedication plat of record in Maps Book No. 5, in Cabinet No. C-59 and Map Book No. 5, Cabinet D-54.
PARCEL ONE: Parcel B containing 162.36 Acres, more or less, located in White Sulphur District, Greenbrier County, West Virginia, as shown on map or plat prepared by Draper Aden Associates entitled “Plat of Parcel B to be Conveyed to The Greenbrier Sporting Club, Inc. and Parcel C to be Conveyed to The Greenbrier Spotting Club Development Company, LLC, CSX Hotels, Inc.” (Sheet 2 of 3) showing issue date of 29 April 2002, filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book 4, Hanging File Cabinet No. B-57.
And being the same property conveyed to The Greenbrier Sporting Club, Inc., by deed dated June 13, 2002, from CSX Hotels, Inc., with The Greenbrier Sporting Club Development Company, LLC, recorded in the Clerk’s Office in Deed Book 475, at page 468.
EXCEPTING Parcel C-6 containing 0.219 acre, more or less, located in White Sulphur District, Greenbrier County, West Virginia, as shown on the “First Revised Plat” conveyed to CSX Hotels, Inc. by Correction Deed dated September 5, 2003, and recorded in Deed Book 484, at page 87.
For informational purposes only: Tax Map 26, Parcel 9.2
PARCEL TWO: ALL those certain tracts or parcels of land located in White Sulphur District, Greenbrier County, West Virginia shown as Parcel A containing 7.481 Acres, more or less, and Parcel B containing 0.265 Acre, more or less, on a plat dated August 27, 2002, prepared by Draper Aden Associates, entitled “Subdivision/Right-of-Way Plat, The Sporting Club Lodge And Lodge Cottages Phase One Neighborhood, The Greenbrier Sporting Club Development Company, LLC And The Greenbrier Sporting Club, Inc., White Sulphur District, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book No. 4, Cabinet B-80 through B-81 inclusive (the “Subdivision Plat”).
TOGETHER WITH a non-exclusive easement for ingress and egress across the parcel of land shown on the Subdivision Plat as “Sporting Club Drive” (subject to CSX’s reserved rights in same set forth in the deed thereto from CSX to the Development Company).
And being the same property conveyed to The Greenbrier Sporting Club, Inc., by deed dated September 4, 2002, from CSX Hotels, Inc., with The Greenbrier Sporting Club Development Company, LLC, recorded in the Clerk’s Office in Deed Book 477, at page 167.
For informational purposes only: Tax Map 26M, Parcel 11 and Tax Map 26M, Parcel 2
PARCEL THREE: That certain tract or parcel of land containing 24.102 Acres, more or less, located in White Sulphur District, Greenbrier County, West Virginia, as shown on map or plat prepared by Draper Aden Associates entitled “Plat of Portion of CSX Hotels, Inc. Property to be Conveyed to The Greenbrier Sporting Club, Inc. dated August 16, 2002, filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book 4, Cabinet No. B-73.
And being the same property conveyed to The Greenbrier Sporting Club, Inc., by deed dated September 4, 2002, from CSX Hotels, Inc., with The Greenbrier Sporting Club Development Company, LLC, recorded in the Clerk’s Office in Deed Book 477, at page 181.
For informational purposes only: Tax Map 26, Parcel 0086
PARCEL FOUR: ALL that certain tract or parcel of land located in White Sulphur District, Greenbrier County, West Virginia, shown as Parcel A and containing 181 ,305 square feet (4.162 acres), more or less, on a plat dated March 22, 2005, prepared under the direction of James A. Thompson, PS# 895, and entitled “Tract Line Vacation and Subdivision Plat, Greenbrier Summit Village Phase One Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book No. 5, Cabinet Nos. B-180 through B-182, inclusive (the “Property Plat”).
TOGETHER WITH a non-exclusive easement for ingress and egress across the parcel of land shown on the Property Plat as “Summit Village Trail” and “Jackson Ridge”, as well those portions of the existing “Jackson Ridge, “Dogwood Trail”, “Sugar Creek Hollow” and “Village Run” roadway systems in other Greenbrier Sporting Club community neighborhood subdivisions as are necessary to provide continuous access to and from U. S. Highway Route 60 (and subject to CSX’s reserved rights in same set forth in the deeds thereto from CSX to the Development Company).
And being the same property conveyed to The Greenbrier Sporting Club, Inc., by deed dated December 31, 2008, from The Greenbrier Sporting Club Development Company, LLC, and CSX Hotels, Inc., also as Grantee, recorded in the Clerk’s Office in Deed Book 527, at page 447.
For informational purposes only: Tax Map 21N, Parcel 0020
This property will be conveyed by the Successor Trustee together with the hereditaments thereof and all building, structures and improvements now or hereafter situate thereon and all fixtures, materials, supplies, equipment, machinery and other property as is now or may hereafter be an accession thereto, be a fixture thereto, or be otherwise treated or deemed as a part of the land described herein, all of which is included in the term “property” as used herein. By way of example and not by way of limitation, such fixtures and accessions shall include heating, cooling and air-conditioning units, plumbing and electrical fixtures and equipment, built-in appliances of every kind, boilers, machinery, motors, wall-to-wall carpeting, storm doors and windows, awnings and all furnishings attached to the property.
The above-described property will be conveyed by the undersigned Successor Trustee to the purchaser by deed containing a Covenant of Special Warranty and subject to all liens, reservations and exceptions appearing in the record of title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust. Purchaser must pay all transfer taxes, delinquent or current real estate taxes, title search and any costs related to recording of any Deed from the Successor Trustee herein.
TERMS OF SALE
Any successful bidder shall pay 10% of the sales price as a deposit in Certified Funds or Cash at the time of sale with the balance to be paid within 30 days from date of sale. The above-described property will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Successor Trustee to reject all bids if, in his sole opinion, they are inadequate. The Successor Trustee may offer for sale the various parcels individually and as a whole if, in his sole opinion, a higher price may be returned from the sale. The owner of the indebtedness secured by the above-described Deed of Trust and the owner of any other interest in the property to be-sold shall have the right to bid.
CONTINUANCE OR ADJOURNMENT OF SALE
The Successor Trustee reserves the right to continue the sale, or adjourn the sale for a time, or from time to time, and the place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
Dated: January 31, 2024
Raymond G. Dodson
Successor Trustee