Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by Emerald Grande, LLC dated August 25, 2009, and recorded August 28, 2009 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 3673 at page 110, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated July 13, 2022 and recorded July 14, 2022 in Kanawha County Trust Deed Book 4597, page 792, and default having been made in the payment of the Notes secured by the aforesaid Deeds of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Kanawha County, West Virginia, on December 6, 2022 at 10:00 a.m., all those certain lots, pieces or parcels of real property, certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, described as follows: PARCEL 1: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, designated as Lot B, containing 1.830 acres, more or less, situate in Charleston South Annex Tax District, in the City of Charleston, Kanawha County, West Virginia, and as shown on the plat entitled “Plat of Survey Showing Division of A 4.04 Acre Tract Located Near MacCorkle Avenue & 57th Street, South Annex District, Kanawha County, West Virginia, Scale: 1″ = 30 Feet Date: February 9, 2009, Revised Date: August 13, 2009,” prepared by Kevin D. Schafer, P.S., and recorded in the Kanawha County Commission Clerk’s Office in Map Book 69, at page 27, and being more particularly bounded and described as follows: Beginning at a point in the northerly line of MacCorkle Avenue and corner to Lots B & C; Thence leaving said MacCorkle Avenue and with said Lots B & C, N 26 35′ E, passing the corner to Lots A, B, & C at 77.97 feet in all 123.99 feet to a point corner to Lots A & B; Thence with said Lots N 79 20′ E, 342.88 feet to a point at the low water mark of the Kanawha River; Thence with said low water mark S 02 34′ E, 198.74 feet to a point corner to the A.E.P. Sub-Station; Thence leaving said river and with said A.E.P. tract S 72 20′ W, 324.93 feet to a 51/3 inch rebar in the northerly line of said MacCorkle Avenue; Thence with said MacCorkle Avenue for five (5) calls: 1) N 31 23′ W, 39.77 feet to a point; 2) N 34 45′ W, 27.44 feet to a point; 3) N 37 51′ W, 34.79 feet to a point; 4) N 39 41′ W, 26.97 feet to a point; 5) N 42 55′ W, 24.70 feet to the place of beginning, containing 1.83 acres more or less. Together with and subject to a common public right-of-way for ingress, egress, and for utilities being more particularly described as follows: Beginning at a point corner to Lots B & C and in the northerly line of MacCorkle Avenue; Thence with said MacCorkle Avenue for three (3) calls: 1) N 42 55′ W, 6.62 feet to a point; 2) N 46 01′ W, 24.58 feet to a point; 3) N 48 39′ W, 23.09 feet to a point; Thence leaving said MacCorkle Avenue and running through Lot C described above for three (3) calls: 1) N 59 42′ E, 21.94 feet to a point; 2) N 26 35′ E, 46.01 feet to a point; 3) N 18 05′ W, 11.61 feet to a point in the line of Lots A & C; Thence with said Lots, N 51 26′ W, 206.29 feet to a point in the line of the Lowes Lease; Thence with said Lowes lease line, N 79 20′ E, 33.00 feet to a point; Thence through Lot A from which this right-of-way is a part for two (2) calls: 1) S 51 26′ E, 191.32 feet to a point; 2) N 79 20′ E, 328.16 feet to a point; Thence continuing thru Lot A and Lot B, S 08 45′ E, passing the line of said Lots at 12.01 feet all 24.01 feet to a point inside Lot B; Thence continuing thru Lot B, S 79 20′ W, 299.71 feet to a point in the line of Lots A & B; Thence with said Lots, S 26 35′ W, 108.92 feet to the place of beginning. TOGETHER WITH AND SUBJECT TO the easements and restrictions created by that Declaration of Covenants, Conditions and Restrictions, executed by Faison-Kanawha Limited Partnership and Lowe’s Home Centers, Inc., dated July 13, 1999, and recorded in the aforesaid Clerk’s office in Deed Book 2475, at page 388, and by the Declaration of Easements, executed by Emerald Grande, LLC, dated August 21, 2009, and to be recorded in the aforesaid Clerk’s office. And being part of the property conveyed to Emerald Grande, LLC, a Georgia limited liability company, by Emerald Coast Hospitality, LLC, a Georgia limited liability company, by deed dated August 10, 2009, and to be recorded in the said Clerk’s office simultaneously herewith. PARCEL 2: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, designated as Lot C, containing 0.454 acre, more or less, situate in the Charleston South Annex Tax District, in the City of Charleston, Kanawha County, West Virginia, and as shown on the plat entitled “Plat of Survey Showing Division of A 4.04 Acre Tract Located Near MacCorkle Avenue & 57th Street, South Annex District, Kanawha County, West Virginia, Scale: 1″ = 30 Feet Date: February 9, 2009, Revised Date: August 13, 2009,” prepared by Kevin D. Schafer, P.S., and recorded in the Kanawha County Commission Clerk’s Office in Map Book 69, at page 27, and being more particularly bounded and described as follows: Beginning at a point in the northerly line of MacCorkle Avenue and corner to Lots B & C; Thence with said MacCorkle Avenue for five (5) calls: 1) N 42 55′ W, 6.62 feet to a point; 2) N 46 01′ W, 24.58 feet to a point; 3) N 48 39′ W, 23.09 feet to a point; 4) N 50 40′ W, 25.68 feet to a point; 5) N 51 25′ W, 205.84 feet to a 51/3 inch rebar corner to the Lowes Lease; Thence leaving said MacCorkle Avenue and with said Lowes Lease for two (2) calls: 1) N 38 40′ E, 55.51 feet to a 51/3 inch rebar; 2) N 79 20′ E, 21.10 feet to a point corner to Lots A & C; Thence with said Lots, S 51 26′ E, 255.53 feet to a point corner to Lots A, B, & C; Thence with Lots B & C, S 26 35′ W, 77.97 feet to the place of beginning, containing 0.454 acre more or less. Together with and subject to a common public right-of-way for ingress, egress, and for utilities being more particularly described as follows: Beginning at a point corner to Lots B & C and in the northerly line of MacCorkle Avenue; Thence with said MacCorkle Avenue for three (3) calls: 1) N 42 55′ W, 6.62 feet to a point; 2) N 46 01′ W, 24.58 feet to a point; 3) N 48 39′ W, 23.09 feet to a point; Thence leaving said MacCorkle Avenue and running through Lot C described above for three (3) calls: 1) N 59 42′ E, 21.94 feet to a point; 2) N 26 35′ E, 46.01 feet to a point; 3) N 18 05′ W, 11.61 feet to a point in the line of Lots A & C; Thence with said Lots, N 51 26′ W, 206.29 feet to a point in the line of the Lowes Lease; Thence with said Lowes lease line, N 79 20′ E, 33.00 feet to a point; Thence through Lot A from which this right-of-way is a part for two (2) calls: 1) S 51 26′ E, 191.32 feet to a point; 2) N 79 20′ E, 328.16 feet to a point; Thence continuing thru Lot A and Lot B, S 08 45′ E, passing the line of said Lots at 12.01 feet all 24.01 feet to a point inside Lot B; Thence continuing thru Lot B, 79 20′ W, 299.71 feet to a point in the line of Lots A & B; Thence with said Lots, S 26 35′ W, 108.92 feet to the place of beginning. TOGETHER WITH AND SUBJECT TO the easements and restrictions created by that Declaration of Covenants, Conditions and Restrictions, executed by Faison-Kanawha Limited Partnership and Lowe’s Home Centers, Inc., dated July 13, 1999, and recorded in the aforesaid Clerk’s office in Deed Book 2475, at page 388, and by the Declaration of Easements, executed by Emerald Grande, LLC, dated August 21, 2009, and to be recorded in the aforesaid Clerk’s office. And being part of the property conveyed to Emerald Grande, LLC, a Georgia limited liability company, by Emerald Coast Hospitality, LLC, a Georgia limited liability company, by deed dated August 10, 2009, and to be recorded in the said Clerk’s office simultaneously herewith. TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The property will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and Peoples Bank shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: November 11, 2022 Eric M. Johnson Esq. R. Douglas Calderwood Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 347-4253 LC-140786 11-16,23;2022