Kanawha

Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE PURSUANT to the authority vested in the undersigned Successor Trustee by that certain Appointment of Successor Trustee of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4458, at page 312, and that certain Commercial Deed of Trust, Security Agreement and Fixture Filing (the “Deed of Trust”) dated April 25, 2019, made by Ankrom Properties LLC, a West Virginia limited liability company, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, Trust Deed Book 4364, at page 933, given to secure Easy Financial, LLC, with offices in Culver City, California, which Deed of Trust was assigned to Toorak Capital Partners LLC, a Delaware Limited Liability Company (the “Beneficiary”) by Assignment of Deed of Trust and Related Loan Documents dated May 1, 2019, and of record in the aforesaid Clerk’s office in Assignment Book 121, at page 59, the undersigned Successor Trustee having been requested by the Beneficiary of said Deed of Trust to sell the real estate described below, as default has been made under the terms and conditions of the said Deed of Trust. Therefore, the undersigned Successor Trustee will sell the real estate described in the Deed of Trust, at a public auction on July 8, 2021, at 10:00 a.m. to the highest bidder at the front door of the Courthouse of County of Kanawha, in Charleston, West Virginia, which real estate is more completely described as follows: Tax ID/Parcel No. 12-16012500130000 All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston West District, Kanawha County, West Virginia, more particularly known and described as all of Lot No. Ten (10), as shown upon that certain map entitled, “Shaw Estates Being A Subdivision of part of H. A. Duff Estate in the City of Charleston, Kanawha County, West Virginia”, made by G. G. McClung, Licensed Land Surveyor No. 42, which map is duly of record in the Office of the Clerk of the County Commission of Kanawha County, in Photostatic Map Book 25, at page 84; This Deed is made and accepted subject to all reservations, exceptions, stipulations, conditions and easements heretofore made or granted by all predecessors in title to the real estate herein conveyed, except any pertaining to race, color or creed; And being the same property acquitted by Ankrom Properties, LLC, by deed recorded 11/27/2009, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2709, at page 497. For information purposes only: the improvements thereon being known as 4555 Rosalie Drive 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 reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, or due or payable or to become due and payable, all of which shall be the responsibility of the Purchaser(s); 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements, and rights of way appearing if record in the chain of title to the properties, 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(s) at the sale shall be responsible for paying the costs of recording the Successor’s 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 or implied. The Successor Trustee shall be under no duty to cause any existing tenant(s) or person(s) occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the Purchaser(s) 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(s) for any reason, Purchaser’s(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 form of a credit bid. 10. The successful bidder(s) 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(s’) sole remedy, at law or in equity, will be return of deposit, without interest. Additional terms of sale may be announced prior to sale. DATED: June 9, 2021. J. Nicholas Barth, Successor Trustee Barth & Thompson P O Box 129 Charleston, WV 25321 WV State Bar #255 LC-111894 06-12,19,26;2021