Kanawha

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 and Adjustable Rate Rider, dated January 4, 2016, made by Tracy A. Toler, as Grantor, and Mark H. Wright and Bradford Ritchie, as Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4146, at page 610 and re-recorded at Trust Deed Book 4152, at page 954 (the “Deed of Trust”), to secure indebtedness described therein payable to Summit Community Bank, now known as Summit Community Bank, Inc., a West Virginia banking corporation, in the original principal amount of $81,000.00, as evidenced by that certain Adjustable Rate Note, dated January 4, 2016, made payable by Tracy A. Toler to the order of Summit Community Bank, Inc. (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Kanawha County, West Virginia, more particularly described herein; and Pursuant to authority granted in the Deed of Trust, Summit Community Bank, Inc., a West Virginia Banking Corporation, 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 November 6, 2019, of record in the aforesaid Clerk’s office in Trust Deed Book 4393, at page 660. Summit Community Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Tracy A. Toler is in default under the terms of the Note and 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 Deeds of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 14th day of January, 2020, at 10:00 a.m., prevailing Eastern time, at the front door of the Kanawha County Courthouse, 409 Virginia Street East, Charleston, 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 on the east side of second avenue, in the City of Nitro, Nitro District, Kanawha County, West Virginia (hereinafter, the “Real Property”): TRACT ONE: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the east side of Second Avenue, in the City of Nitro, Kanawha County, West Virginia, containing eleven hundredths (.11) of an acre, more or less, and being part of Plot #15 as shown on a map or plat designated as “Map of U.S. Government Explosive Plant C, Showing Plots #1 to #25 Remaining Unsold, Nitro, West Virginia”, prepared by C. R. Conner, C.E. September 11, 1929, hereinafter referred to, located, bounded and described by reference to the coordinate Survey called “A Primary Reference System”, established by the United States Government (1918) covering Explosive Plant C, and indicated by coordinate parallels as follows: BEGINNING at an iron pipe on the East line of Second Avenue, coordinate location North forty-four plus thirty-three and thirteen hundredths East forty-three plus twenty-four and thirty-nine hundredths, thence in a Northerly direction with said avenue line fifty feet to an iron pipe; corner to Dr. J. L. Dunlap; thence ninety degrees to the right with one line of Dr. J. L. Dunlap one hundred feet to an iron pipe; thence ninety degrees to the right fifty feet to an iron pipe; thence ninety degrees to the right one hundred feet to the place of BEGINNING, containing eleven hundredths (.11) of an acre, more or less. The property is made subject to the covenants, restrictions, reservations and exceptions set out in the deed from Nitro Industrial Corporation to Nitro American Legion Post No. 108, Incorporated, by Deed dated April 1, 1946, of record in Deed Book 872, page 432. TRACT TWO: All that certain lot or parcel of land situate in Nitro, Nitro District (formerly Union District), Kanawha County, West Virginia, containing thirteen hundredths (.13) of an acre, more or less, and being a part of Lot #15 as shown on a map or plat designated as “Map of U.S. Government Explosive Plant C, Showing Plots #1 to #25 Remaining Unsold, Nitro, West Virginia”, prepared by C. R. Conner, C.E., September 11, 1929, hereinafter referred to, located, bounded and described by reference to the coordinate survey called “A Primary Reference System” established by the United States Government (1918) covering Explosive Plant C, and indicated by coordinate parallels as follows: BEGINNING at an iron pipe of the East line of Second Avenue, coordinate location North forty-four plus twenty-one and eighty-nine hundredths East forty two plus twenty-five and sixty-three hundredths, thence in a Northerly direction with said avenue sixty feet to an iron pipe, corner to American Legion Lot; thence ninety degrees to the right with one line of American Legion lot one hundred feet to an iron pipe; thence ninety degrees to the right sixty feet to the north line of an alley; thence ninety degrees to the right in a Westerly direction with said alley one hundred feet to the place of BEGINNING, containing thirteen hundredths (.13) of an acre, more or less. And being the same property conveyed to Tracy A. Toler by Ronnie J. Stone (aka Ronnie Joe Stone) and Linda S. Stone, husband and wife, by Deed dated January 4, 2016, of record in Deed Book 2929, page 937. Tax Parcel Identification Number: 27-4-0015 (Tract 1) and 27-4-0014 (Tract 2). Upon information and belief, the property is locally known as 2215 2nd Avenue, Nitro, West Virginia 25143. 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. 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: December 10, 2019. /s/Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LC-84630 12-20,27;2019