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 November 4, 2011, recorded November 7, 2011, made by David W. Kinney (“Grantor”), and Anthony Marks and Percy Osborne, as Trustees, 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 3832, at page 750 (the “Deed of Trust”), securing repayment of indebtedness evidenced by that certain Promissory Note, dated November 4, 2011, from A to Z Home Development LLC and payable to the order of First Bank of Charleston, Inc., in the original principal amount of Fifty Six Thousand Five Hundred Sixty and 001/800 Dollars ($56,560.00) (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 505. 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 David W. Kinney and A to Z Home Development, LLC are 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 15th day of November, 2023, at 12:00 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”): All that certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Charleston West District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: COMMENCING at a point in the northerly line of Central Avenue at an iron pin 134.9 feet in an easterly direction from the northeast corner of Central Avenue and Russell street; thence at right angles N 37DEGREES E 120 Feet to a stake in the line of an alley; thence at right angles in a southerly direction and parallel with Russell Street 120 feet to an iron pin in the northerly line of Central Avenue; thence along the northerly line of Central Avenue, S 53DEGREES E 35 feet to the place of beginning; Being the same property conveyed by Reginald Neary, unto David Kinney, by Deed dated September 13, 2007, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2698, at Page 761. Together with: (a) all right, title and interest of Peoples Bank, an Ohio corporation, (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, 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 Real 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 Real 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 Trustees expressly reserve 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. 12. The trustee’s sale shall be open to online bidders. 13. A 10% buyer’s premium will be added to the high bid for the Real Property. The high bidder shall pay the buyer’s premium plus an additional 10% of its bid on the day of the sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 14 days after the date of 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 19th day of October, 2023. /l Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LC-162036 10-24