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 January 28, 2013, made by Gregg Lowe, as Grantor, Robert Levy and Randall Trautwein, as Trustees, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2469, at page 693 (the “Deed of Trust”), to secure indebtedness described therein payable to First Sentry Bank, in the original principal amount of $8,500.00 (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Cabell County, West Virginia, more particularly described herein. WHEREAS, on or about November 2, 2018, WesBanco Bank, Inc., successor in interest by merger with First Sentry Bank, assigned the Note and the Deed of Trust to Fairview Investment Fund III, LP, of record in the aforesaid Clerk’s office at Assignment Book 114, page 118. Accordingly, Fairview Investment Fund III, LP is the holder of the Note and the beneficiary of the Deed of Trust. Pursuant to authority granted in the Deed of Trust, Fairview Investment Fund III, LP, the owner and holder of the Note secured by the Deed of Trust, appointed Julia A. Chincheck and Zachary J. Rosencrance, both residents of Kanawha County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated April 8, 2019, of record in the aforesaid Clerk’s office in Substitution of Trustee Book 398, at page 509. Fairview Investment Fund, III, LP, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustees that Gregg Lowe is in default under the terms of the Note, and that Gregg Lowe is in default under the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustees 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 22nd day of July, 2019, at 1:30 p.m., prevailing Eastern time, at the front door of the Cabell County Courthouse, 750 5th Avenue, Huntington, 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, and more particularly designated and described as follows (hereinafter, the “Real Property”): Real Property: All that certain lot or parcel of land situate in the City of Huntington, Kyle District, Cabell County, West Virginia, being more particularly known and designated as Lot Number Sixteen (16) on the revised map of Neel, Pilcher & Ware Subdivision of the Kyle Kinkead Lands in said City, which map was made by Oliver & Maupin, Engineers, and filed for record in the office of the Clerk of the County Commission of Cabell County, West Virginia, on March 1, 1922, and of record in Deed Book 192, page 430, and having a frontage of thirty-two (32) feet on the southern side of Fifth Avenue West; distance of 132.5 feet Westward from the western line of Third Street West and running back Southward of uniform width a distance of 105 feet to a ten-foot alley running parallel with said Avenue. Being the same property conveyed by Deed dated December 18, 2012, of record in Deed Book 1273, page 543, from Katie Lee Tickle, formerly known as Katie Lee Daniels, and Sarah E. McGinn to Gregg Lowe and Jody Foster. Upon information and belief, the Real Property is commonly referred to as 315 West 5th Avenue, Huntington, West Virginia. 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 deed 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 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. 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: June 18, 2019. /s/Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LH-73484 6/28-7/5/19