Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Kanawha West Virginia and by Deed of Trust dated March 7, 2016, executed by WV Hotel Ventures, Inc. to Marc J. Slotnick, Trustee, which deed of trust is of record in the Office of the Clerk of Kanawha County, West Virginia, in Trust Deed Book 4157 at Page 595, and which Deed of Trust was assigned by UBS Real Estate Securities Inc. to Wilmington Trust, National Association, as Trustee for Bank of America Merrill Lynch Commercial Mortgage Trust 2016-UBS10, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS10, pursuant to an assignment duly recorded in the Office of the Clerk of Kanawha County, West Virginia, in Assignment Book 253 at Page 583, and further assigned by Wilmington Trust, National Association, as Trustee for Bank of America Merrill Lynch Commercial Mortgage Trust 2016-UBS10, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS10 to RSS BACM2016-UB10 – WV WVH, LLC, pursuant to an Assignment duly recorded in said Clerk’s Office in Assignment Book 271 at Page 790, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 20, 2021 at 1:30 p.m. to the highest bidder at the front door (Virginia Street, East) of the Courthouse of said County of Kanawha, in Charleston, West Virginia, which real estate is more completely described as follows: All that certain tract or parcel of land situate on the west side of Interstate 64 near the Cross Lanes exit, Union District, Kanawha County, WV, said tract or parcel, being more particularly bounded and described as follows: Beginning at an old 1″ iron pipe (found), which iron pipe is situate N. 24 15′ W. – 936.38′ from an old iron pin situate in the northeasterly corner of the 19.93 acre tract of land conveyed to James Duane Moore by J. H. Crewdson et ux by deed dated August 20, 1968, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1533, page 60; thence a new line through Scarlet Oaks, Inc. property N. 81 17′ W. 365.65′ to a 3/4″ old iron pin (found), located in the easterly right-of-way line of the Relocated Water Tank Road (also known as Belmont Road); thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon with a curve to the right having a chord measuring N. 18 30′ E. – 76.17′ to an iron pin; thence running with the easterly right-of-way line of said Relocated Water Tank Road, and binding thereon N. 29 59′ E. -105.00′ to a P.K. Nail; thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon with a curve to the left having a chord measuring N. 2 24′ W. – 210.00′ to a wooden hub; thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon N. 38 12′ W. 114.91′ to a wooden hub; thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon with a curve to the left having a chord measuring N. 44 11′ W. – 35.54′ to a wooden hub; thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon N. 50 7 W. -120.47′ to a wooden hub; thence leaving said Relocated Water Tank Road N. 63 32′ E. -187.52′ to a 3/4″ iron pin located in the new proposed controlled access right-of-way line of Interstate 64; thence running with the new proposed controlled access right-of-way line of interstate 64 and binding thereon S. 32 51′ 30″ E – 403.60′ to a 3/4″ iron pin; thence running with the proposed controlled access right-of-way line of Interstate 64 and binding thereon; S. 24 45′ E – 160.50′ to an old 3/4″ iron pin; thence running with the new proposed controlled access right-of-way line of Interstate 64 and binding thereon S. 60 30′ W. – 26.90′ to a 3/4″ iron pin; thence running with the existing controlled access right-of-way line of Interstate 64 and binding thereon S. 32 56′ E -188.03′ to 1″ old iron pin; thence leaving the controlled access right-of-way line of Interstate 64 S. 43 54′ W. – 71.71′ to the place of beginning. And further being shown on that certain survey entitled “ALTA/ACSM Land Title Survey showing 3.407 acre parcel located at 102 Racer Drive, Union District, Cross Lanes, Kanawha County, West Virginia, situate on “Tyler Creek”, prepared for WV Hotel Ventures, Inc., a West Virginia corporation, Gregory B. Hicks, UBS Real Estate Securities Inc., together with its successors and assigns, and First American Title insurance Company, Dated August 19, 2015, Date of Plat or Map: December 7, 2015, Revised Date of Plat or Map: February 22, 2016., to be recorded simultaneously herewith and made a part hereof, being further described as follows: Beginning at a Thrasher rebar/cap (set), corner to the Advertisement Holding Group tract recorded in Deed Book 2887 at page 322 and to the tract herein surveyed. Thence with said tracts N. 80 33′ W. 365.65′ to a Thrasher rebar/cap (set), located in the easterly right-of-way line of located in the easterly right-of-way line of the Relocated Water Tank Road; Thence running with the easterly right-of-way of said Relocated Water Tank Road and binding thereon with a curve to the right having a chord measuring N. 19 14′ E. – 76.70′, radius of 195.03′ to a PK Nail set; Thence running with the easterly right-of-way line of said Relocated Water Tank Road, and binding thereon. N. 30 43′ E. -105.00′ to a Thrasher rebar/cap set; Thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon with a curve to the left having a chord measuring N. 1 40′ W. -210.00′, radius of 179.50′ to a Thrasher rebar/cap set; Thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon N. 37 28′ W. 114.91′ to a Thrasher rebar/cap set; Thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon with a curve to the left having a chord measuring N 43 27 W 35.54′, radius of 171.19′ to a PK Nail set; Thence running with the easterly right-of-way line of said Relocated Water Tank Road and binding thereon N. 49 23′ W. -120.47 to a PK Nail set; Thence leaving said Relocated Water Tank Road N. 63 57′ E.-187.41′ to a 3/4″ iron pin located in the new proposed controlled access right-of-way line of Interstate 64; thence running with the new proposed controlled access right-of-way line of Interstate 64 and binding thereon S. 32 07′ E. – 404.65′ to a 3/4″‘ iron pin; Thence running with the proposed controlled access right-of-way line of Interstate 64 and binding thereon; S. 24 01′ E. – 160.50′ to a Thrasher rebar/cap set; Thence running with the new proposed controlled access right-of-way line of Interstate 64 and binding thereon S 67 14′ W. -26.90′ to a PK Nail set; Thence running with the existing controlled access right-of-way line of Interstate 64 and binding thereon S. 32 12′ E. -188.30′ to Thrasher rebar/cap set; Thence leaving the controlled access right-of-way line of Interstate 64 S. 44 39′ W. – 72.10’ to the place of beginning. Together with all “Property” as defined and more completely described in the Deed of Trust. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 28th day of December, 2020. J. Patrick Jones, Substitute Trustee 304-529-856 LC-103781 12-30;2020 01-06;2021