Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE OF PROPERTY IN KANAWHA COUNTY, WEST VIRGINIA Located at 2518 Kanawha Boulevard E., Charleston, WV 25311 NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Deed of Trust dated December 22, 2009, made, executed, and granted by MORELAND MANAGEMENT, LLC, a West Virginia limited liability company to JACK C. CLOHAN, III and DAVID SAYRE, as Trustees for the benefit of SUNTRUST BANK, as Lender, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia (“Clerk’s Office”), in Trust Deed Book 3698, at Page 237, which said Lender then merged with and into BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, and changed its name to TRUIST BANK, effective December 7, 2019, and the said Deed of Trust was then assigned, transferred, granted and conveyed to CENTRAL PENN CAPITAL MANAGEMENT, LLC, a Pennsylvania limited liability company (the “Beneficiary”) by that certain Assignment of Security Instruments dated June 25, 2021, and recorded in the aforesaid Clerk’s Office in Assignment Book 273, at Page 996, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated August 26, 2021, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 4536, at page 382, the undersigned Successor Trustee will sell at public auction to the highest bidder on: Friday, November 19, 2021 at 10:00 a.m. on the front steps of the Kanawha County Courthouse 409 Virginia Street E., Charleston, Kanawha County, West Virginia 25301. the following described real estate (“Property”): That certain parcel of land, together with the improvements thereon and the appurtenances thereunto belonging situate in the 2500 Block of Kanawha Boulevard, East, in the City of Charleston, Kanawha County, West Virginia, and described and known as Lot 3 of the Braxton Miller Resubdivision of Lots 3, 4, 5, 6 and 7 of the property of The Kanawha City Company on the North side of the Kanawha River, as shown and designated upon the map of said resubdivision made by M. W. Venable & Sons, Engineers, dated May 18, 1920, filed and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 225, at page 57, and the party of the first part further GRANTS and CONVEYS unto the party of the second part, a parcel of land, together with any improvements thereon and any appurtenances thereunto belonging, lying directly in front of the said Lot 3 between the original North line of Kanawha Street and the present North line of Kanawha Boulevard, East, being 50 feet wide and 28 feet deep. There is excepted from this conveyance a strip of land containing approximately 632 square feet lying at the Northwest rear end of said Lot 3 and heretofore conveyed unto the State Road Commission of West Virginia by W.D. Harold and wife, by a deed dated March 7, 1941 and of record in the said Clerk’s office in Deed Book 567, at Page 339. This conveyance is made subject to the covenants and agreements contained in the deed from Braxton Miller and wife to Friend Cochrane dated May 27, 1921, and of record in said Clerk’s Office in Deed Book 225, at Page 252. The Property is commonly known as 2518 Kanawha Blvd. E, Charleston, West Virginia. The Property is being sold subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the Property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Property described above; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 USC 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. TERMS OF SALE: 1. Cash in hand on the day of sale. The successful bidder shall tender to the Successor Trustee by certified or cashiers’ check, on the day of sale, a nonrefundable deposit in the amount of Ten Thousand Dollars ($10,000.00) payable to the Successor Trustee. Such deposit is NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the purchase price must be paid to the Successor Trustee by certified or cashiers’ check or electronic funds transfer no later than 5:00 p.m. EST on Monday, December 20, 2021. 2. Upon conclusion of the sale, a Memorandum of Sale will be executed, reflecting the sale of the Property and the purchase price. Time is of the essence. 3. If the purchaser fails to deliver the full purchase price within the prescribed time, at the Successor Trustee’s sole discretion, she may declare the deposit forfeited, and in addition to any other legal or equitable remedies available to her, she may (a) file suit to enforce specific performance, (b) convey the Property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the Property pursuant to the aforesaid Deed of Trust. 4. The Beneficiary of the aforesaid Deed of Trust and the 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. The Beneficiary is not required to post a deposit. 5. The Property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion. 6. The Successor Trustee reserves the right to accept or reject any bids. 7. The Property will be sold subject to any and all assessments and taxes against said Property, and all prior liens and encumbrances of any nature whatsoever, including the Internal Revenue Service’s right of redemption, if any. 8. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property. 10. The subject Property will be sold in “AS IS” condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition, zoning or use of the Property or the title to the Property to be conveyed. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the secured party’s Deed of Trust, if any, lawfully affecting the Property, whether or not of record, including all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the Property and the improvements thereon and permitted uses of the Property. 11. 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 upon receipt of the full purchase price in good and available funds. 12. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the Property, the Successor Trustee may set aside the sale and void the Memorandum of Sale. In such event, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Successor Trustee. If the validity of the sale is challenged by a party in interest, the Successor Trustee, in her sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy. 13. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said Property. Prospective purchasers are hereby advised that the rights of existing tenants or persons occupying the subject Property may be covered by the provisions of West Virginia Code 38-1-16. 14. The sale does not include the sale of any personal property in or on the Property. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the subject Property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code 28-1-17, to the extent such statute applies. 15. The Successor Trustee reserves the right (i) to modify or waive the requirements for bidder’s deposits and terms of sale and/or settlement, (ii) to withdraw the Property from the sale; (iii) to reject any and all bids; and (iv) to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above. 16. Announcements made on the day of sale take precedence over these Terms of Sale. Given under my hand this 14th day of October, 2021. Debra Lee Allen DEBRA LEE ALLEN Successor Trustee Spilman Thomas & Battle, PLLC 48 Donley Street, Suite 800 Morgantown, West Virginia 26501 (304) 291-7951 (304) 216-5835 LC-118640 11-05,12;2021