NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Credit Line Deed of Trust, dated October 24, 2014, made by Corban M. Denny and Deanna E. Denny, and Terry D. Reed, as Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 939, at page 28 (the “Deed of Trust”), to secure indebtedness described therein payable to Premier Bank, Inc. in the amount of $73,000.00, as evidenced by that certain Consumer Real Estate Secured Note dated October 24, 2014, made payable by Corban M. Denny and Deanna E. Denny to the order of Premier Bank, Inc. (along with any renewals, adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Fayette County, West Virginia, more particularly described herein;
WHEREAS, Peoples Bank, as successor by merger, is the owner and holder of the Note and Deed of Trust. Pursuant to authority granted in the Deed of Trust, Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee, dated March 14, 2022, of record in the aforesaid Clerk’s office in Substitute Trustee Book 1065, at page 140.
Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Corban M. Denny and Deanna E. Denny are in default under the terms of the Note and the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 11th day of July, 2022, at 11:00 a.m., prevailing Eastern time, at the front door of the Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia, all 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 Plateau District, Fayette County, West Virginia, and more particularly described as follows (hereinafter, the “Real Property”):
All that certain lot or parcel of real estate, together with the improvements thereon, rights and rights of way incidental thereto, and appurtenances thereunto belonging, situate in Otter District, Braxton County, West Virginia, and being more particularly described as follows:
BEGINNING at a 1″ steel pin “set” (sta. 5 on plat hereinafter referred to) on the right-of-way line of Gatewood Road, said pin being the Northeast corner of tract herein described and corner to Goldie M. Ashby, et al.; thence with Gatewood Road a chord of S 09deg. 33′ E 180.63 feet to a 7/8″ rebar “set” (sta. 6 on plat hereinafter referred to) on the right-of-way of Gatewood Road and a corner to Clonnie and Nellie Richards; thence leaving Gatewood Road and with Richard’s line S 60deg. 56′ W 289.77 feet to a fence post (sta. 3 on plat hereinafter referred to) in the line of old M. L. Wickline tract; thence leaving Richards and with line of M. L. Wickline N 25deg. 14′ W 314.17 feet to a P/K nail “set” in a large rock at fence post on line of M. L. Wickline and also being a corner to Goldie M. Ashby, et al; thence leaving Wickline and with line of Ashby N 84deg. 27′ E. 358.99 feet to the BEGINNING, containing 1.76 acres, more or less, as shown on plat titled “Plat of Survey Showing a 1.76 Acre Tract as claimed by James and Kathy Slate Situate on Gatewood Road in Plateau (Fayetteville) District, Fayette County, West Virginia, Scale 1″ = 50′, Date June 16, 1989” Survey and Map by Jackson & Assoc., Inc., Drawer 1559, Pineville, WV 24874. Said plat being recorded in the Fayette County Clerk’s office in Map Book 25, page 20.
And being the same property conveyed by Deed dated July 27, 2012, recorded July 27, 2012, of record in Deed Book 683, page 515, from David E. Stewart and Wanda D. Stewart, both single, to Corban M. Denny and Deanna E. Denny, husband and wife and the survivor of them.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
2. Any statutory lien or liens that may affect the subject property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein.
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
6. All of the property to be sold 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 of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.
7. In the event that there are federal tax liens against the property, the United States would have the right to redeem the 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.
8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such 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 right to make the sale contemplated by this Notice.
9. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
12. The trustee’s sale shall be open to online bidders.
13. A 10% buyer’s premium will be added to the high bid for the Real Property. The high bidder shall pay the buyer’s premium plus an additional 10% of its bid on the day of the sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 14 days after the date of sale.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347 1100.
DATED: June 3, 2022.
Zachary J. Rosencrance,
Successor Trustee