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 July 31, 2009, made by Sandra L. Patton, as Grantor, and Mark H. Wright or C. David Robertson, as Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3668, at page 165 (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 $59,415.00, as evidenced by that certain Note dated July 31, 2009, made payable by Sandra L. Patton 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 recorded on January 2, 2020, in the aforesaid Clerk’s office in Substitution of Trustee Book 4401, at page 750. Summit Community Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Sandra L. Patton 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 2nd day of March, 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 in Cross Lanes, Union District, Kanawha County, West Virginia (hereinafter, the “Real Property”): All that certain lot, tract or parcel of land situate in Cross Lanes, Union District, Kanawha County, West Virginia, being part of Lots Nos. Thirty-nine (39) and Forty (40) of the W. L. Wintz 20-acre subdivision as shown on a map entitled, “Plat of W. L. Wintz 20 Acre Subdivision, Union Dist., Kanawha Co., West Va.”, bearing date of 6-24-30, made by C. R. Connor, C.E., Charleston, West Virginia, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 10, page 87, further bounded and described as follows: BEGINNING at an iron pin in the common division line of Lots 40 and 41 of the W. L. Wintz Subdivision as shown on the aforesaid map; said beginning point being located S. 37 23′ 50″ W. 160 feet from another iron pin set in the rear common corner of said Lots 41 and 40; thence running across Lots 40 and 39, S. 51 25′ 18″ E. 100.90 feet to an iron pin located in the common division line between Lots 39 and 50; thence running with part of the rear line of said Lot 50, and the rear lot lines of Lots 49 and 48, S. 38 33′ 58″ W. 138.79 feet to a stake; thence running across said Lots 39 and 40, N. 52 49′ 30″ W. 98.06 feet to an axle found; thence running with part of the common division line between Lots 41 and 40, N. 37 23′ 50″ E. 141.22 feet to the place of BEGINNING, said parcel herein conveyed is shown upon a map entitled, “Plat Showing Resubdivision of Part of Lots 39 and 40 of W. L. Wintz 20 Acre Subdivision Being Owned by Hack’s Mobile Home, Inc. Situate in the Community of Cross Lanes, Union District, Kanawha County, West Virginia,” dated October 26, 1981, made by E. L. Robinson, Engineer, a copy of which map is attached to and made part of the deed of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, of record in Deed Book 1992, page 531. SUBJECT TO a joint driveway fifteen (15) feet in width, lying seven and one-half (7 1/2) feet on each side of the centerline of said joint driveway and said centerline is hereby defined as the northerly line of the property hereby conveyed and designated upon said last mentioned map as “10′ gravel”, to be used in common and for the use and benefit of the property hereby conveyed and the residue of the property owned by Hack’s Mobile Homes, Inc., its assigns and grantees; and the parties of the first part do further except and reserve from this conveyance a right-of-way and easement extending along the westerly line of the subject property fifteen (15) feet in width, which said fifteen foot right-of-way lies adjacent to and runs contiguous with the common division line of Lots Nos. 40 and 41 of said W. L. Wintz Subdivision for the purpose of ingress and egress to and from that portion of said Lots Nos. 39 and 40 not herein conveyed for the purposes of ingress and egress from the residue of the property owned by the party of the first part to DeWitt Road, together with the right to lay, maintain, operate, remove, replace and repair utility lines, including gas, water, electric and sewer line, and further reserves and excepts the right to use 7 1/2 foot joint driveway, all as shown on last mentioned map. TOGETHER WITH the right to use seven and one-half (7 1/2) feet of said joint driveway located on the residue of the property as shown on said map. TOGETHER WITH the right to a perpetual right-of-way and easements extending from the southwest corner of the property herein conveyed to DeWitt Road for the purpose of ingress and egress to and from the subject property, together with the right to lay, maintain, operate, remove, replace and repair utility lines, including gas, water, electric and sewer lines. And being the same property conveyed to Sandra L. Patton by Joshua A. McGrath, by Deed dated July 31, 2009, of record in Deed Book 2750, page 746. Tax Parcel Identification Number: 25-22A-0021.0001. Upon information and belief, the street address of the real property is 5413 Bennett Drive, Cross Lanes, West Virginia 25313. 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: February 11, 2020. /s/Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LC-88148 02-13,20;2020