Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Credit Line Deed of Trust, dated August 6, 2018, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4321, at page 706 (the “Deed of Trust”), to secure indebtedness described therein payable to Summit Community Bank in a maximum amount of $25,000 as evidenced by that certain Home Equity Line of Credit Agreement dated August 6, 2018, to the order of Summit Community Bank (along with any renewals, adjustments, extensions, or modifications, the “HELOC”). The Deed of Trust covers certain real estate situate in Kanawha County, West Virginia, more particularly described herein. Pursuant to authority granted in the Deed of Trust, Summit Community Bank, a division of Burke & Herbert Bank & Trust Company, the owner and holder of the HELOC secured by the Deed of Trust, appointed P. Corey Bonasso, a resident of Putnam County, West Virginia, and Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve collectively as Successor Trustee, by that certain Appointment of Successor Trustee, dated July 24, 2024 and recorded on August 1, 2024, of record in the aforesaid Clerk’s office in Substitution of Trustee Book 4704, at page 275. Summit Community Bank, a division of Burke & Herbert Bank & Trust Company, the owner and holder of the HELOC secured by the Deed of Trust, has notified the Successor Trustee that Grantor is in default under the terms of the HELOC and under the terms of 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 Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 23rd day of October, 2024, at 12:00 p.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 in Kanawha County, West Virginia, and more particularly designated and described as follows (hereinafter, the “Real Property”): PROPERTY DESCRIPTION All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston South Annex District, Kanawha County, West Virginia, and being all of Lot No. Nine (9), as shown upon a map thereof, entitled “Subdivision of the 2.554 Acre Tract out of the J. D. Moore Property”, made by J. Lewis Hark, Registered Professional Engineer, dated January 30, 1956, and revised July 6, 1956 and September 8, 1956, which map is recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 18 at page 111. AND BEING the same property conveyed to Andrew Bsharah and Lorice Bsharah, his wife, by Bernard L. Conner and Helen Blair Cornier, by deed dated August 31, 1973, and recorded September 4, 1973, in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1705, at page 56. Lorice A. Bsharah, single, conveyed her interest in the Property to Andrew Bsharah, single, by deed dated November 29, 1988, and recorded in the Clerk’s office in Deed Book 2215, at page 704. Andrew Bsharah died testate on July 18, 1999, devising the property unto his children, Simon Andrew Bsharah, Jacquelyn Marie Bsharah and Tony Michael Bsharah, by and through his Last Will and Testament recorded in the Clerk’s office in Will Book 652, at page 968. Jacquelyn Marie Bsharah and Tony Michael Bsharah conveyed their interest in the Property to Simon Andrew Bsharah, by Quitclaim Deed dated April 9, 2018, and recorded June 8, 2018, in the Clerk’s office in Deed Book 3004, at page 667. 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 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 P. Corey Bonasso and Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: September 18, 2024 . Corey Bonasso P. Corey Bonasso, Successor Trustee achary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LC-186285 10-02,09;2024