Legal Notices

NOTICE OF PUBLIC SALE OF COLLATERAL December 9, 2020 TO: Corporation Service Company, as Representative, P.O. Box 2576 Springfield, IL 62708 Jeffery Barr, Jr., Member Heists Restaurant Group LLC 1022 Quarrier Street Charleston, WV 25301 Dana Mallett, Member Heists Restaurant Group LLC 1022 Quarrier Street Charleston, WV 25301 Heath Null, Member Heists Restaurant Group LLC 1022 Quarrier Street Charleston, WV 25301 Heists Restaurant Group LLC 1022 Quarrier Street Charleston, WV 25301 Heists Restaurant Group LLC 1625 Washington Street E. Charleston, WV 25311 Dana Mallett 5418 W. Karen Circle Cross Lanes, WV 25313 Health Null 1427 W. 14th St. Nitro, WV 25143 FROM: David R. Pollitt 52 Quarry Ridge Charleston, West Virginia 25304 NAME OF DEBTOR: Heists Restaurant Group LLC a West Virginia limited liability company (“Debtor”) NOTICE IS HEREBY GIVEN that the assets of Debtor set forth on the attached schedule (“Collateral”) will be sold to the highest bidder at a public sale (“Public Sale”) to be held on December 30, 2020, at 11:15 a.m. local time (“Sale Date”) at main front door of the Kanawha County Courthouse, 409 Virginia Street East, Charleston, West Virginia (“Sale Location”), by David R. Pollitt, assignee of David R. Pollitt, Agent on behalf of ACE, LLC and QD, LLC (“Secured Party”), the secured party pursuant that certain Security Agreement executed by Debtor dated as of September 25, 2018, perfected by that certain Uniform Commercial Code Financing Statement filed with the West Virginia Secretary of State, UCC Section, originally filed on October 26, 2018. The Public Sale may be continued, cancelled or adjourned from time to time, and notice of any continuance, cancellation or adjournment will be announced at the Sale Location on the Sale Date. The Collateral will be put up for bid in one individual lot as described in Schedule One, attached. The Collateral will be sold to the person(s) whose bid(s) represent the highest bid at the Public Sale. The minimum bidding increments will be $5,000.00 or such other amount as Secured Party may, from time to time, announce at or during the Sale. The auctioneer may place bids on behalf of Secured Party. Any prospective purchaser who is the highest bidder, other than Secured Party, will be required to pay the purchase price for the Collateral in cash, by cashier’s check, by money order, by wire transfer or in other immediately available funds on the day of sale. Wiring instructions will be provided upon request. If Secured Party is the highest bidder at the Public Sale, Secured Party may pay the purchase price of the Collateral, in whole or in part, by crediting the amount of such purchase price against the balance of the unpaid indebtedness owed by Debtor to Secured Party. The Collateral, some of which may be inventory, remains subject to change between the date of this notice and the Sale Date. Collateral may be added or deleted in the Secured Party’s sole discretion, notice of which will be provided on the Sale Date at the Sale Location. The Collateral is being offered on an “as is” and “where is” basis, and Secured Party makes no representation of warranty, expressed or implied, nor any guaranty of warranty, expressed or implied, as to the condition of title to any Collateral, nor the physical condition of any Collateral or its fitness for any use or purpose. Secured Party makes no representation of warranty, express or implied, nor any guaranty of warranty, express or implied, that a successful bidder will acquire any rights to intangible property sold as part of the Collateral. As to any prospective purchaser who is the highest bidder for any property which is currently leased to a third party, such purchaser must assume Debtor’s rights, duties and obligations set forth in the corresponding rental contract. Secured Party makes no representations or warranties regarding the assignability of the rental contracts or Debtor’s rights therein. Any successful purchaser will be required to take possession of the purchased Collateral and remove the same from the Sale Location within ten (10) days after the Sale Date, and Secured Party may decline to deliver a bill of sale or other transfer statement until such Collateral has been so removed. Any portion of the Collateral not timely removed shall be deemed abandoned, and Secured Party shall have the right to re-sell or otherwise dispose of such item at its discretion. The conditions set forth in this notice are subject to change as may be announced by the Secured Party or its agents at the start of the Public Sale. For more information regarding the sale, please contact Secured Party’s counsel, Christopher J. Plybon, Dinsmore & Shohl LLP, 611 Third Avenue, Huntington, West Virginia 25701, 304 -691-8324. You are entitled to an accounting of the unpaid indebtedness secured by the Collateral that we intend to sell. You may request an accounting by calling Secured Party’s counsel. DINSMORE & SHOHL LLP on behalf of Secured Party By: Christopher J. Plybon NOTICE OF PUBLIC SALE OF COLLATERAL SCHEDULE 1 The following business assets of the Debtor: All Equipment, Fixtures, Furniture, Inventory, Accounts, Contracts and Contract Rights, and all other tangible and intangible personal property (including all General Intangibles, Payment Intangibles and software) now owned or hereafter acquired by Debtor: Together with all proceeds and products of all of the foregoing and all books, records, attachments, additions and accessions thereto, replacements thereof, supporting obligations therefor, guaranties thereof, insurance or condemnation proceeds thereof, documents related thereto, all sales of accounts constituting a right to payment therefrom, all tort or other claims against third parties arising out of damage thereto or destruction thereof, all property received wholly or partly in trade or exchange therefore, all fixtures related thereto, all leases thereof, and all rents, revenues, issues, profits and proceeds arising from the sale, lease license, encumbrance, collection, or any other temporary or permanent disposition thereof, or any other interest therein. Capitalized terms not otherwise defined in herein shall have the meanings attributed thereto in the applicable version of the Uniform Commercial Code adopted in the State of West Virginia or, where appropriate, the jurisdiction in which the Collateral is located, as such definitions may be enlarged or expanded from time to time by legislative amendment thereto or judicial decision (the “Uniform Commercial Code”). For purposes of this Public Sale, the word “Collateral” does not include leasehold improvements or fixtures, which leasehold improvements and fixtures are being sold as part of the foreclosure sale under a deed of trust encumbering the real property upon which the Collateral is situate, which foreclosure sale is to occur prior to the Public Sale. LC-102983 12-16,23;2020