NOTICE OF TRUSTEE’S SALE NOTICE is hereby given by the undersigned Trustees, in accordance with the provisions of that certain deed of trust dated March 17, 2017 between Sampit Properties, LLC, a South Carolina limited liability company, as Grantor, and Christopher J. Winton and Mark W. Kelley, as Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4228, page 520, as amended by the Modification and Amendment to the Deed of Trust dated March 17, 2019, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4361, page 516, securing a certain promissory note dated March 13, 2019 payable to the order of Gayle-Danielle Properties, LLC, a West Virginia limited liability company, as Secured Party, default having been made in the payment of the note secured by the aforesaid documents, and such default having continued for a period of more than thirty (30) days and the owner and holder of said note, having elected to treat the whole principal debt secured by said documents as immediately due and payable, that the undersigned Trustees, or the Trustees’ duly authorized agent, will sell at public auction on the 6th day of April, 2020, at 10:00 o’clock a.m., at the front door situate on Virginia Street of the Courthouse of Kanawha County, West Virginia in the City of Charleston, the following real estate located in Kanawha County, West Virginia, and being more particularly described as follows: TRACT NO. 1: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereto, situate and belonging adjacent to Oakwood Road in the City of Charleston, Kanawha County, West Virginia, more particularly bounded and described as follows: Beginning at a 3/4 inch steel pipe “gas pipe”, corner found northeast of a stone retaining wall and south east of a stone stairway, said corner being located in the north east right of way line of Oakwood Road, said corner being a common corner of Thomas Bradford North (DB 2161 Pg 211, 0.4 Ac. calc.) and Eber W. Light, Jr. (DB 2194 Pg 329, 0.591 Ac. calc.), thence leaving the north east right of way line of Oakwood Road and running up the hill with the common line of North and Light; N 71 35′ 00″ E 89.94 feet (90.00 feet deed) to a 3/4 inch steel pipe, corner found, said corner being located by a 3/4 inch steel pipe standing 4 feet, said corner being a common corner of North, Light, and other property of Eber W. Light, Jr. (DB 2164 Pg 149), thence leaving North, running with the common line of two tracts of Eber W. Light, Jr., and running to the right of a chain link fence; N 71 49′ 00″ E. 35.00 feet to a 1/2 inch steel reinforcing bar, corner to be set, said corner being located S 85 12′ 16″ E 3.03 feet from a 3/4 inch steel pipe found near the chain link fence, said corner being a common corner of three tracts of Eber W. Light, Jr., thence running with the common line of two tracts of Light (DB 2164 Pg 149) & (DB 2194 Pg 329); S 40 53′ 00″ E 183.37 feet (194.00 feet deed) to a 1/2 steel reinforcing bar, corner to be set, said corner being located near and to the north west of a rail road tie retaining wall bounding one side of an asphalt parking lot of Oakwood Heights Associates, said corner being in a line of Light (DB 2194 Pg 329), said corner being a common corner of Light (DB 2164 Pg 149) with a strip of land owned by Oakwood Heights Associates (DB 1892 Pg 654), thence leaving Light (DB 2164 Pg 149) and the strip of Oakwood Heights Associates, running through the property of Light (DB 2194 Pg 329) with the line as shown on the Declaration of Condominium for Oakwood Heights Associates (DB 1895 Pg 181), and running down and across the retaining wall and asphalt parking; S 34 55′ 00″ W 35.00 feet to a 1/2 steel reinforcing bar, corner set, said corner being located in the asphalt parking lot, said corner being located south east of the retaining wall, thence continuing through the property of Light with the line of Oakwood Heights Associates Declaration of Condominium, continuing across the asphalt parking, passing 1 foot to the left of the end and over a board fence; S 47 56′ 00″ W 81.18 feet to a 1/2 steel reinforcing bar, corner set, said corner being located north east of the stone retaining wall, said corner being located in the north east right of way line of Oakwood Road, said corner being a corner of Oakwood Heights Associates Declaration of Condominium, said corner being in a line of Light (DB 294 Pg 329), thence leaving Oakwood Heights Associates Declaration of Condominium, running above the stone retaining wall, running with the common line of Light with the north east right of way line of Oakwood Road, and running with a curve to the right having a calculated radius of 151.40 feet; N 48′ 47′ 48″ W chord 78.48 feet to a 1/2 steel reinforcing bar, corner set, said corner being located north east of the stone retaining wall, said corner being located in the north east right of way line of Oakwood Road, thence continuing with the common line of Light with the north east right of way line of Oakwood Road; N 33 46′ 30″ W 105.66 feet to a 1/2 steel reinforcing bar, corner set, said corner being located north east of the stone retaining wall, said corner being located in the north east right of way line of Oakwood Road, thence continuing with the common line of Light with the north east right of way line of Oakwood Road, and running with a curve to the left having a calculated radius of 176.60 feet; N 43 23′ 20″ W chord 58.99 feet to the place of beginning and containing 25,753 square feet, 0.591 acres, more or less, all as shown upon a map entitled “Map Showing Property Surveyed for Thomas B. North, being Located on the North East Side of Oakwood Rd., Situated in the City of Charleston, Charleston South District, Kanawha County, WV, dated December 15, 1994”, a copy of which is of record in the Clerk’s Office. Said Tract No. 1 which is herein conveyed is currently listed on the land books of Kanawha County as Kanawha County Assessor Account No. 06439160, Charleston South Annex Tax Map 25, parcel 164 (59/100A ADJ TO OAKWOOD CONDOS OAKWOOD RD). TRACT NO. 2: All of those certain tracts or parcels of land together with the improvements thereon being belonging, and situate in the City of Charleston, South Annex District, formerly Loudon District, Kanawha County, West Virginia, being known, numbered and designated as a part of Lot No. Eight (8), a part of Lot No. Seven (7) and part of Lot No. Two (2) of the Hickman Subdivision, and a lot said to containing 20,876 square feet, more or less, which is a part of the residue of a tract containing 2.18 acres, more or less, the tracts, parcels and lots hereby conveyed being more particularly bounded and described as follows: Parcel Number One: Being all that certain lot or parcel of land situate in Loudon District (now City of Charleston), Kanawha County, West Virginia, near, but not abutting on, Oakwood Road (sometimes hereinafter known as Oakwood Drive), being all of Lot No. Eight (8) of the Hickman Subdivision, as laid out and shown on a map of the said subdivision recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 7, at page 117, said lot or parcel of land hereby conveyed being more particularly bounded and described as follows: BEGINNING at a point in the southerly line of said subdivision at a common corner of Lots Nos. One (1) and Eight (8), which point bears N. 71 35′ E.. 90 feet from an old iron pipe in the stone wall in the northerly line of Oakwood Road; thence with the dividing line between said Lots Nos. One (1) and Eight (8), N. 23 30′ W., 134.8 feet, more or less, to an old iron pipe, recognized as the common corner of said Lots Nos. One (1) and Eight (8), in the line of Lot No. Two (2) of said subdivision; thence N. 84 13′ E., 121.7 feet, more or less, to an old iron pipe, recognized as the southeasterly corner of said Lot No. Two (2), at the southerly end of the westerly line of the roadway shown on said map and designated at Observatory Drive thence continuing N. 84 13′ E.. 10.0 feet, more or less, to a point in the southerly end of said Observatory Drive; thence N. 56 55′ E., Passing the southwesterly corner of Lot No. Seven (7) of said subdivision at the southerly end of the easterly line of Observatory Drive at 11.1 feet, in all 190.3 feet, more or less, with a dividing line between Lots Nos. Seven (7) and Eight (8) of said subdivision to a point at the common rear corner of said Lots Nos. Seven (7) and Eight (8) in an old fence line recognized as the dividing line between said subdivision and Ravina Park; thence with the common line of said subdivision and Ravina Park, S. 44 41′ E., 171.7 feet, more or less, to an old stake at the intersection of two fence lines at the southwesterly corner of said Lot No. Eight (8) in the southerly line of said subdivision adjoining G.B. Nicholson; thence up the hill with the dividing line between said Lot No. Eight (8) and G. B. Nicholson, S. 71 35′ W., 377 feet, more or less, to the place of beginning. THERE IS HEREBY RESERVED AND EXCEPTED from the above Lot No. Eight(8), the following described parcel being a part of Lot No. Eight (8) of the Hickman Subdivision and more particularly bounded and described as follows: BEGINNING at a point in the common division line between Lot No. Eight (8) and the residue of a tract of land containing 2.18 acres, more or less, adjoining the Hickman Subdivision, which beginning point is located N. 71 35′ E., 90 feet; thence N. 71 49′ E., an additional 234.1 feet, being a total of 324.1 feet in all, from a gas pipe in the corner of a stone wall near the southwest corner of the land formerly owned by Dr. Hugh Nicholson, said gas pipe being located between said stone wall and said county road (now Oakwood Road), thence, N. 19 6′ W., 138.3 feet to a point in the common division line between Lot No. Seven (7) and Lot No. Eight (8) of the Hickman Subdivision, thence N. 58 00′ E., a distance of 80 feet to a point thence S. 43 13′ E., 171.7 feet to a point, thence S. 68 14′ W., 29.6 feet to a point, thence S. 71 49′ E., 118.6 feet to the place of beginning, containing 17,090 square feet, more or less, as shown upon a map entitled “Being a Division of Part of 2.18 H.G. Nicholson Tract, Plus a Twelve Foot by Thirty-One Foot Roadway, and Part of Lot Eight (8), Hickman Subdivision, South Hills, City of Charleston, Loudon District, Kanawha County, West Virginia”, made by Charles F. Coleman, L.L.S. 384 and being a part of Lot No. Eight (8) as the same was conveyed to Marlite Corporation by Gladys Nelson Neil, by deed dated the 4th day of March, 1971, of record in the aforesaid County Clerk’s office in Deed Book 1613, at page 330, to which deed reference is hereby made for all pertinent purposes, said part of Lot No. Eight (8) of the Hickman Subdivision being conveyed by Observatory Corporation to Oakwood Heights Corporation by deed dated the 30th day of April, 1978, of record in the aforesaid County Clerk’s Office in Deed Book 1866, at page 402. Parcel Number Two: Being all that certain lot or parcel of land, situate in Loudon District (now City of Charleston), Kanawha County, West Virginia, near, but not abutting on, Oakwood Road (sometimes heretofore known as Oakwood Drive), being part of Lot No. Two (2) of the Hickman Subdivision as laid out and shown on the aforesaid map of said subdivision, said lot or parcel of land hereby conveyed being more particularly bounded and described as follows: BEGINNING at a concrete monument located N. 84 27′ E., 128.6 feet from an old iron pin on the easterly line of Observatory Drive, a common corner of Lot Two (2) and Lot One (1) of said subdivision, which said concrete monument is designated “D” on that certain map entitled “Agreed Boundary Lines Between Properties of Albert W. Krock and Lucy E. Krock, John M. Champe and Fanny E. Perkins, Situate in Hickman Subdivision, in the City of Charleston, West Virginia”, prepared by Field Engineering Co., dated November 30, 1960, recorded with that certain Deed and Agreement between John M. Champe, et al., in the aforesaid Clerk’s office, in Deed Book 1324, at page 517; and which said concrete monument is in the dividing line between Lot No. Eight (8) and Lot No. Two (2) of said subdivision; thence N. 23 32′ W., 126.21 feet to a concrete monument designated “B” on said Map; thence S. 87 29′ E., 146.33 feet to a concrete monument in the westerly line of Observatory Drive marked and designated “C” on said map; thence S. 0 33′ E., 100 feet to an iron pin in the line of Lot Eight (8) S. 84 27′ W., 97.08 feet to the place of beginning. Parcel Number Three: Being all that certain lot or parcel of land situate in Loudon District (now City of Charleston), Kanawha County, West Virginia, near, but not abutting on, Oakwood Road (sometimes heretofore known as Oakwood Drive), being part of Lot No. Seven (7) of the Hickman Subdivision as laid out and shown on the aforesaid map of said subdivision, said lot or parcel of land hereby conveyed being more particularly bounded and described as follows: BEGINNING at a point on the exterior boundary of said subdivision and the northeasterly corner of Lot Eight (8) of said subdivision; thence with the dividing line between said Lots Seven (7) and Eight (8), S. 58 00′ W., 186.75 feet, more or less, to the southwesterly corner of said Lot Seven (7), which is also the southwesterly end of the easterly line of Observatory Drive; thence with the said easterly line of Observatory Drive, N. 00 33′ W., 120 feet, more or less, to the southwesterly corner of that portion of said Lot Seven (7) heretofore conveyed to George M. Green, by deed dated July 25, 1939; thence with the southerly line of said portion of Lot Seven (7) so conveyed to George M. Green, and across Lot No. Seven (7), S. 87 55′ E., to a point on one of the exterior lines of said subdivision; thence with the said exterior line, S. 43 13′ E., to the place of beginning, being all of the said Lot Number Seven (7) heretofore conveyed to George M. Green by the aforesaid deed of July 25, 1939. Parcel Number Four: Being a part of the residue of a tract containing 2.18 acres, more or less, adjoining the Hickman Subdivision, said tract or parcel of land hereby conveyed being more particularly bounded and described as follows: BEGINNING at a point in the common division line between Lot No. Eight (8) of Hickman Subdivision and the adjoining 2.18 acre tract which beginning point is located N. 71 35′ E., 90 feet, thence N. 71 49′ E., 35 feet, being a total of 125 feet from a gas pipe near the corner of a stone wall near the southwest corner of the land formerly owned by Dr. Hugh Nicholson, said gas pipe being located between said stone wall and said county road (now Oakwood Road); thence continuing N. 71 49′ E., a distance of 199.1 feet to a point; thence S. 19 6′ E., 39.3 feet to a point on the westerly side of the paved blacktop road; thence S. 20 4′ W, 97.5 feet to a point; thence S. 27 24′ W., 90.3 feet to a point; thence N. 40 53′ W., 194 feet to the place of beginning, containing 20,882 square feet, more or less, all as shown on a map entitled “Being a Division of a Part of 2.18 Acres, H.G. Nicholson Tract, plus a Twelve Foot by Thirty-One Foot Roadway and Part of Lot Eight (8), Hickman Subdivision, in South Hills, City of Charleston, Loudon District, Kanawha County, West Virginia”, made by Charles F. Coleman, L.L.S. 384 and being the same property conveyed to Oakwood Heights associates, a W. Va. Partnership, by Oakwood Heights Corporation, a W. Va. corporation, by deed dated the 16th day of May, 1978, and of record in the aforesaid County Clerk’s Office in Deed Book 1866, at Page 508, to which deed reference is here made for all pertinent purposes. Said Tract No. 2 which is herein conveyed is currently listed on the land books of Kanawha County as Kanawha County Assessor Account No. 07539648, Charleston South Annex Tax Map 25, parcel 164.002 (1-69/100A PT LTS 2-7-8 HICKMAN SUB & PAR N OF OAKWOOD RD). And being all of the same property conveyed unto Grantor by deed of Gayle-Danielle Properties, LLC, a West Virginia limited liability company, dated March 13, 2017 of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2966, page 166. The subject property will be sold in “AS IS” condition. The Trustee shall be under no duty to cause any existing person occupying the property to vacate the property. TERMS OF SALE: Said property will be sold for $9,000.00 in cash or certified funds as deposit on the date of sale with the balance due and payable within 30 days of the date of sale. The sale shall be further subject to the following: (1) Real estate taxes due and payable or to become due and payable, including specifically the 2019 and 2020 real estate taxes; (2) Any statutory lien or liens that may affect the property; and (3) All conditions, restrictions, easements, and rights-of-way running with the land. 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. The undersigned reserves the right to reject any and all bids and may adjourn the sale from time to time, and public outcry at the time and place appointed shall be sufficient notice of said adjournment. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. GIVEN under our hands this 10th day of March, 2020. Christopher J. Winton, Trustee Mark W. Kelley, Trustee 109 Capitol Street, Suite 700 Charleston, WV 25301 Telephone (304) 342-1141 Fax (304) 342-0691 LC-89839 03-12,19,26;2020
