Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust dated and recorded on November 5, 2014, made by A to Z Home Development, LLC (“Grantor”), and Anthony Marks and Ronald D. Beane, as Trustee, in favor of First Bank of Charleston, Inc., of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4064, at page 752 (the “Deed of Trust”), securing repayment of indebtedness evidenced by that certain Promissory Note, dated November 5, 2014, from Grantor and payable to the order of First Bank of Charleston, Inc., in the original principal amount of One Hundred Thirteen Thousand Sixty-Two and 501/800 Dollars ($113,062.50) (the “Note”), plus interest thereon, and all other indebtedness arising under the Deed of Trust and the Note. On or about October 11, 2018, First Bank of Charleston, Inc. merged into Premier Bank, Inc. On or about September 17, 2021, Premier Bank, Inc. merged with and into Peoples Bank, an Ohio corporation, the surviving corporation. Pursuant to authority granted in the Deed of Trust, Peoples Bank, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Notice of Appointment of Substitute or Successor Trustee, dated May 10, 2022, and recorded on May 19, 2022, of record in the aforesaid Clerk’s office in Trust Deed Book 4587, at page 502. Peoples Bank, successor by merger to Premier Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that A to Z Home Development, LLC is in default under the terms of the Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the 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 25th day of August, 2022, at 2:00 p.m., prevailing Eastern time, at the front door of the Kanawha County Courthouse, 111 Court Street, Charleston, West Virginia 25301, certain real estate situate in Kanawha County, West Virginia, and being more particularly bounded and described as follows (hereinafter, the “Real Property”): EXHIBIT A 406 Wyoming St.: All that certain lot, tract or parcel of land together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston West District, Kanawha County, West Virginia, being a part of Block No. Twenty-Seven (27) of the J. Brisben Walker Addition to the said City of Charleston, and being more particularly bounded and described: Beginning at a point in the concrete in the east line of Wyoming Street, which said point is located, N. 26DEGREES 15′ W. 80 feet from the point of intersection of the said east line of Wyoming Street with the northern line of Maryland Avenue; thence with the said east line of Wyoming Street, N. 26DEGREES 15′ W. 50 feet to a point in the concrete in said line; thence leaving the said east line of Wyoming Street and running N. 63DEGREES 45′ E. 119 feet to a stake in the west line of a ten (10) foot alley; thence with the said west line of the said alley, S. 26DEGREES 15′ E. 50 feet to a stake; thence leaving the said west line of said alley and running S. 63DEGREES 45′ W 119 feet to the place of beginning, as shown upon the map of the said J. Brisben Walker Addition of record in the aforesaid Clerk’s Office. Being the same property conveyed unto A to Z Home Developments, LLC, by Evalee Chalhoub, by Deed dated November 6, 2014, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2863, at Page 646. 408 & 408ONE-HALF Wyoming St.: All those certain lots, tracts or parcels of land together with the improvements thereon and the appurtenances thereunto belonging, designated 408 and 408 ONE-HALF Wyoming Street, situate in the City of Charleston, Charleston West District, Kanawha County, West Virginia, and being more particularly bounded and described: Beginning at a point in the north line of Wyoming Street 250 feet from the corner of Delaware Avenue and 170 feet from the corner of Maryland Avenue, thence running toward Roane Street in a line parallel with Delaware Avenue 119 feet, more or less, to an alley; thence along with said alley towards Maryland Avenue 40 feet; thence with a line parallel with Delaware Avenue 119 feet, more or less, to Wyoming Street; thence with the north line of Wyoming Street, 40 feet to the place of beginning, including all of the land lying between Wyoming Street and the alley lying between said street and Roane Street embraced between the western line of the lot formerly owned by Thomas H. Ball and the easterly line of lot formerly owned by Benjamin S. Smithers, both of said lots and the property herein conveyed being part of Block 27 of the J. 13. Walker Addition to West Charleston; Being the same property conveyed unto A to Z Home Developments, LLC, by Evalee Chalhoub, by Deed dated November 6, 2014, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2863, at Page 646. Together with: (a) all right, title and interest of Peoples Bank, an Ohio corporation, successor by merger to Premier Bank, Inc. (hereinafter “Peoples”) in and to any and all estates, rights, tenements, hereditaments, privileges, easements, reversions, remainders, rights of way, and appurtenances of any kind benefiting or appurtenant to the real property described above; all means of access to and from the real property described above, whether public or private; all streets, sidewalks, alleys, passages, ways, common areas, water courses, water and mineral rights relating to the real property described above; and all other claims or demands of Peoples, either at law or in equity, in possessions or expectancy of, in or to the real property described above, improvements or all or any other portion of the real property described above; (b) all right, title and interest of Peoples in and to all rents, income, receipts, revenues, issues and profits derived from the real property described above; and all right, title and interest of Peoples in and to all existing and future contracts, purchase agreements, tenancies, leases, subleases and licenses relating to the real property described above, and any amendments, extensions, modifications or revisions thereto, together with all rentals, income, profits and other monies due and which are or become due to Peoples thereunder, (c) all right, title, and interest of Peoples in and to all goodwill and general intangibles; and (d) all right, title, and interest of Peoples in and to all works, buildings, structures, properties, facilities, replacements, furnishings, fixtures, fittings, and other improvements and property of every nature, kind and character now affixed or attached or hereafter located or erected on the real property described above, and owned by Peoples, including, without limitation, all heating, electrical, lighting, power, plumbing, air conditioning, refrigerating, and ventilating equipment. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale plus a 10% buyer’s premium (with the option of a 10% deposit plus a 10% buyer’s premium payable at the time of sale provided payment in full within 30 days), or under any different, other, or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Various rights of way and leasehold interests, whether recorded in aforesaid Clerk’s office or unrecorded, and to the extent any of the foregoing is still valid, in effect, and enforceable at the time of sale; 2. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 3. Any statutory lien or liens that may affect the Real Property; 4. 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; 5. 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 deed of trust referred to herein. 6. 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). 7. All of the Real 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. 8. 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. 9. 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. 10. The beneficiary of the Deed 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. 11. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. 12. The Trustee reserves the right to act by agent and r attorney, as permitted by the Deed of Trust. 13. Risk of loss will pass at the time of sale. All risks of casualty pass to successful bidder at conclusion of bidding. 14. The rights of parties in possession of such Real Property, if any. 15. The undersigned Substitute Trustee shall have the right to offer such Real Property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and r tracts or as a whole, as the Substitute Trustee shall determine, and in such order as the Substitute Trustee shall determine. 16. If the highest bidder at the auction fails to consummate the transaction, the Successor Trustee may offer the Real Property to the next highest bidder, and may proceed to do the same for each next highest bidder until one consummates the transaction, all in the Successor Trustee’s discretion and all without the need for the Successor Trustee to notice and hold a new sale. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to undersigned at Bowles Rice LLP, 600 Quarrier Street, Charleston, WV 25301. DATED this 1st day of August, 2022. Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trus