Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE OF PROPERTY IN CABELL COUNTY, WEST VIRGINIA Located at 653 Marion Court, Huntington, WV 26701 NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Real Estate Deed of Trust dated April 1, 2013, made, executed, and granted by ANKROM PROPERTIES, LLC, a West Virginia limited liability company, to Joseph McDonie and Lisa M. Moye, as Trustees for the benefit of ROCK BRANCH COMMUNITY BANK, located in Nitro, West Virginia, as Lender, and recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia (“Clerk’s Office”), in Trust Deed Book 2479, page 447, Instrument # 473675; which Deed of Trust was assigned by WesBanco Bank, Inc., a West Virginia State Banking Corporation and successor in interest by mergers to Rock Branch Community Bank, to Fairview Investment Fund III, LP, a Delaware limited partnership, by that certain Assignment of Deed of Trust filed of record in the aforesaid Clerk’s Office on November 21, 2018, in Assignment Book 114, page 110, Instrument # 5995878; and which Deed of Trust was then assigned by Fairview Investment Fund III, LP to NCP SIGMA LLC, a Delaware limited liability company (“Beneficiary”), by that certain Assignment of Deed of Trust, filed of record in the aforesaid Clerk’s Office on October 5, 2020, in Assignment Book 121, page 347, Instrument # 6074260, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustee dated July 6, 2022, and recorded in the aforesaid Clerk’s Office in Substitution of Trustee Book 412, at page 199, Instrument # 6138328, the undersigned Successor Trustee will sell at public auction to the highest bidder on: Tuesday, January 17, 2023, at 10:00 a.m. on the front steps of the Cabell County Courthouse 750 Fifth Avenue, Huntington, West Virginia 25701 the following described real estate (herein referred to as the “Property”): All that certain lot, piece or parcel of land situate in the City of Huntington, Cabell County, West Virginia, and known and designated on a map of Marion Court Subdivision of part of Block 309, which map was recorded in the Cabell County Court Clerk’s Office on 20th August, 1921, in Deed Book 187, at Page 432, as Lot Number Five (5), and being more particularly described as follows: BEGINNING at a point in the west line of Marion Court, which point is northerly 136 feet from the point of intersection of the said line of Marion Court with the north line of Seventh Avenue; thence with the said line of Marion Court, northerly 32 feet; thence westerly and parallel with the said line of Seventh Avenue, 100 feet to a point in the east line of a 10 foot alley; thence with the said alley line, southerly and parallel with the said line of Marion Court, 32 feet; thence easterly and parallel with the said line of Seventh Avenue, 100 feet to the point of BEGINNING. The Property is commonly known as 653 Marion Court, Huntington, WV 25701 The Property is being sold subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the Property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Property described above; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 USC 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. A lien search for this Property indicates that a third party purchased at Sheriff’s Tax Sale, the tax lien for 2020 real property taxes due on the Property, which, on information and belief, must be redeemed prior to April 1, 2023. The Successor Trustee makes no representation regarding the sale of the tax lien, the amount due, or the deadline to redeem, and prospective purchasers are encouraged to perform their own due diligence, in advance of the foreclosure auction, regarding the real property taxes. Prospective purchasers are advised that purchaser is responsible for the payment of any accrued and unpaid real property taxes against the Property, and it is purchaser’s responsibility to pay any amount necessary to timely redeem the Property to avoid a tax deed for the Property being recorded in the name of the tax sale purchaser. TERMS OF SALE: 1. Cash in hand on the day of sale. The successful bidder shall tender to the Successor Trustee by certified or cashiers’ check, on the day of sale, a nonrefundable deposit in the amount of Ten Thousand Dollars ($10,000.00) payable to the Successor Trustee. Such deposit is NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the purchase price must be paid to the Successor Trustee by certified or cashiers’ check or electronic funds transfer no later than 5:00 p.m. EST on Thursday, February 16, 2023. 2. Upon conclusion of the sale, the purchaser will be required to execute a Memorandum of Sale, evidencing the sale of the Property and the purchase price, and incorporating the terms of this Notice. Time is of the essence. 3. If the purchaser fails to deliver the full purchase price within the prescribed time, at the Successor Trustee’s sole discretion, she may declare the deposit forfeited, and in addition to any other legal or equitable remedies available to her, she may (a) file suit to enforce specific performance, (b) convey the Property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the Property pursuant to the aforesaid Real Estate Deed of Trust. In the event of such a default the defaulting purchaser(s) shall be liable to the Beneficiary for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of the deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of West Virginia. 4. The Beneficiary of the aforesaid Real Estate Deed of Trust and the holder of the note thereby secured reserves the right to submit a bid for the Property at the sale, which bid may be in the form of a credit bid. The Beneficiary is not required to post a deposit. 5. The Property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion. 6. The Successor Trustee reserves the right to accept or reject any bids. 7. The Property will be sold subject to any and all assessments and taxes against said Property, and all prior liens and encumbrances of any nature whatsoever, including the Internal Revenue Service’s right of redemption, if any. 8. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2 and any and all other settlement costs and costs incidental to transfer of the Property. 9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property. Taxes and all other public charges and assessments outstanding against the Property shall be paid by purchaser at closing. 10. The subject Property will be sold in “AS IS” condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition, zoning or use of the Property or the title to the Property to be conveyed. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the secured party’s Real Estate Deed of Trust, if any, lawfully affecting the Property, whether or not of record, including all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the Property and the improvements thereon and permitted uses of the Property. 11. 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 upon receipt of the full purchase price in good and available funds. 12. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the Property, the Successor Trustee may set aside the sale and void the Memorandum of Sale. In such event, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Successor Trustee. If the validity of the sale is challenged by a party in interest, the Successor Trustee, in her sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy. 13. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said Property. Prospective purchasers are hereby advised that the rights of existing tenants or persons occupying the subject Property may be covered by the provisions of West Virginia Code 38-1-16. 14. The sale does not include the sale of any personal property in or on the Property. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the subject Property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code 28-1-17, to the extent such statute applies. 15. The Successor Trustee reserves the right (i) to modify or waive the requirements for bidder’s deposits and terms of sale and r settlement, (ii) to withdraw the Property from the sale; (iii) to reject any and all bids; and (iv) to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above. 16. Announcements made on the day of sale take precedence over these Terms of Sale. Given under my hand this 12th day of December, 2022. DEBRA LEE ALLEN Successor Trustee Spilman Thomas & Battle, PLLC c P.O. Box 776 Charles Town, West Virginia 25414 304.216.5835 [email protected] LH-142707 1-4,11;2023