Cabell

Legal Notices

L E G A L Notice is hereby given that on April 22, 2024, at 7:30 p.m., or as soon thereafter as the matter can be heard, the Council of the City of Huntington, in Council Chambers, at City Hall, Huntington, WV, proposes to finally vote on the adoption of an ordinance, the subject matter of which is as follows: 2024-O-08 – AN ORDINANCE OF COUNCIL AMENDING, MODIFYING AND RE-ENACTING SECTION 711.06 OF THE CODIFIED ORDINANCES OF THE CITY OF HUNTINGTON, AS REVISED, TO ALLOW FOR THE CREATION OF PRIVATE OUTDOOR DESIGNATED AREAS Such ordinance is filed in the City Clerk’s office, Room 135, City Hall, Huntington, WV, where the same may be inspected by the public, and interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Dated: 04 91/4024 Barbara Miller, City Clerk LH-171938 04-11;2024

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, dated May 23, 2013, made by Terraquip Construction Products Inc., as grantor, Robert W. Dinsmore and Billy Atkins, as Trustees, and Premier Bank, Inc., as secured party, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3959, at page 157 (the “Deed of Trust”), to secure indebtedness described therein payable to Premier Bank, Inc. in the amount of $3,000,000.00, as evidenced by that certain Promissory Note made payable by Terraquip Construction Products, Inc. to the order of Premier Bank, Inc. (along with any renewals, adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Kanawha County, West Virginia, more particularly described herein; WHEREAS, Peoples Bank, as successor by merger, is the owner and holder of the Note and Deed of Trust. Pursuant to authority granted in the Deed of Trust, Premier Bank, Inc. previously appointed, the predecessor 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 June 21, 2021, of record in the aforesaid Clerk’s office in Trust Deed Book 4520, at page 440. Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Terraquip Construction Products Inc. is in default under the terms of the Note and the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described herein 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 7th day of May, 2024, at 10:30 a.m., prevailing Eastern time, at the front door of the Kanawha County Courthouse, 409 Virginia Street E., 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 in Union District, Kanawha County, West Virginia, and more particularly described as follows (hereinafter, the “Real Property”): All that certain lot, tract or parcel of land, together with the improvements thereunto belonging, situate in Union District, Kanawha County, West Virginia, and being all of Parcels “A”, “C” and “E”, including the surface and subsurface, if any, of the parcel designated as a 40′ R , as shown on that certain map entitled, “MAP SHOWING PARCELS “A”, “B”, “C”, “D” & “E” BEING A SUBDIVISION OF UNION DISTRICT TAX MAP NO. 28 PARCELS NOS. 17, 18 & 20 LOCATED ON THE WESTERLY SIDE OF GOFF MOUNTAIN ROAD, UNION DISTRICT, KANAWHA COUNTY, WEST VIRGINIA FOR TERRAQUIP, INC.,” dated May 5, 2008, made by Field Surveying Co., Inc. and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 67, at page 100, including any rights of way reserved in previous deed, and specifically including those easements reserved in that certain Easement Agreement between Cummins Crosspoint, LLC, and Terraquip, LLC, dated July 22, 2008, recorded in Deed Book 2730, page 443. Subject to a forty foot right of way conveyed unto EX Properties, LLC, by Terraquip, LLC, by deed dated October 17, 2006, recorded in Deed Book 2673, page 713, and to Cummins Crosspoint, LLC, by Terraquip, LLC, by deed dated July 28, 2008, recorded in Deed Book 2727, page 637. And being the same property conveyed to Terraquip Construction Products, Inc., a Kansas limited liability company, by Terraquip, LLC by deed dated December 19, 2008, recorded in Deed Book 2735, page 144. LESS and EXCEPT all of the property conveyed by Deed dated April 5, 2023, recorded in Deed Book 3163, page 277, by and between Vera J. McCormick, Clerk of the County Commission of Kanawha County, West Virginia, and Christiana Trust as Custodian for GRAN-Z, LLC. 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 or 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. 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 30 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 Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: March 26, 2024. /l Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LC-171198 04-11,18;2024