Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Real Estate Deed of Trust, dated October 20, 2006, made by Thomas G. Livingston, 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 3405, at page 158 (the “Deed of Trust”), to secure indebtedness described therein payable to Summit Community Bank, Inc., a West Virginia banking corporation, in the original principal amount of $237,500.00, as renewed by that certain Promissory Note, dated November 5, 2007, made payable by Thomas G. Livingston to the order of Summit Community Bank, Inc., in the original principal amount of $242,496.00, and as further renewed by that certain Promissory Note, dated December 4, 2008, made payable by Thomas G. Livingston to the order of Summit Community Bank, Inc., in the original principal amount of $247,492.00, and as further renewed by that certain Promissory Note, dated December 31, 2009, made payable by Thomas G. Livingston to the order of Summit Community Bank, Inc., in the original principal amount of $251,047.30 (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 Julia A. Chincheck, Scott E. Barnette, and Zachary J. Rosencrance, each a resident of Kanawha County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated October 16, 2018, of record in the aforesaid Clerk’s office in Trust Deed Book 4333, at page 270. Summit Community Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Thomas G. Livingston is in default under the terms of the Note, and that Thomas G. Livingston is in default 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 Deeds of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 6th day of April, 2020, at 2:00 p.m., prevailing Eastern time, at the front door (Virginia Street) 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 on the waters of Elk Lick Creek in Elk District, Kanawha County, West Virginia, more particularly designated and described as follows (hereinafter, the “Real Property”): BEGINNING at a #5 rebar and cap set in the southerly right of way line of West Virginia Secondary Route (Kanawha County) No. 71 (CoCo Road), said rebar bears N. 65 11′ 37″ E. 42.98 feet from a 3/4″ solid steel pin found marking a common corner to Roy McMillion (D.B. 2484-Pg. 58); thence with said right of way line the following courses and distances: N. 58 31′ 50″ E. 84.02 feet to a point; N. 53 53′ 39″ E. 69.42 feet to a point; N. 52 09′ 59″ E. 41.54 feet to a #5 rebar and cap set; thence leaving said right of way line and through the property of which this description is a part the following courses and distances: S. 20 33′ 10″ E. 27.13 feet to a point; S. 40 55′ 39″ E. 29.06 feet to a point; S. 39 38′ 58″ E. 109.24 feet to a point; S. 60 49′ 05″ W. 96.16 feet to a point; S. 58 13′ 14″ W. 44.23 feet to a point; S. 68 26′ 58″ W. 26.59 feet to a point; S. 88 30′ 38″ W. 20.14 feet to a point; N. 75 41′ 11″ W. 20.11 feet to a point; N. 55 53′ 16″ W. 25.35 feet to a point; N. 43 12′ 17″ W. 47.10 feet to a point; N. 32 46′ 12″ W. 40.35 feet to a point; N. 08 35′ 37″ E. 14.39 feet to the point of BEGINNING and containing 0.69 acre, more or less, as shown on a map entitled “Plat of Survey Showing a 0.69 Acre Parcel Being Part of Property Owned by Thomas Livingston (Deed Book 2650 Page 15) Situate on the Waters of Elk Lick Creek, Elk District, Kanawha County, West Virginia,” made by I.A.N. Garcelon, P.S. #861 on September 21, 2006, and attached to a Deed dated October 12, 2006, from Lavan Livingston and Thomas Livingston (a/k/a Thomas G. Livingston) to Thomas G. Livingston, and recorded in Deed Book 2673, page 855. Being the same property conveyed by Deed dated October 12, 2006, from Lavan Livingston and Thomas Livingston (a/k/a Thomas G. Livingston) to Thomas G. Livingston, and recorded in Deed Book 2673, page 855. 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: March 6, 2020. /s/Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LC-89641 03-19,26;2020