Legal Notices

NOTICE OF TRUSTEE’S SALE OF REAL ESTATE Notice is hereby given by the undersigned Successor Trustees, in accordance with the provisions of that certain Deed of Trust, dated July 16, 2010, made by Thomas J. Blair, III, and Irene F. Blair, husband and wife, as Grantor, and Barry W. Dobson and Clayton W. Rice, as Trustees, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3735, at page 974 (the “Deed of Trust”), securing repayment of indebtedness evidenced by that certain promissory note, dated July 16, 2010, payable by Thomas J. Blair, III to the order of The Huntington National Bank, in the principal amount of up to $1,152,147.49, plus interest thereon (the “Note”), and all other indebtedness arising under the Deed of Trust and the Note. The Deed of Trust and Note were assigned by The Huntington National Bank to Eagan Street Plaza, LLC, by Assignment dated December 2, 2021, recorded in Assignment Book 275, page 296. The Huntington National Bank further assigned the Assignment of Rents dated July 16, 2010, of record in Book 230, page 387, to Eagan Street Plaza, LLC by Assignment dated December 2, 2021, recorded in Assignment Book 275, page 298. Eagan Street Plaza, LLC is the owner and holder of the Note, Deed of Trust, and Assignment of Rents, and appointed Charles B. Dollison and Zachary J. Rosencrance, both residents of Kanawha County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated December 16, 2021, and of record in the aforesaid Clerk’s office in Trust Deed Book 4557, page 646. REAL PROPERTY Eagan Street Plaza, LLC, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that the Estate of Thomas J. Blair, III and Commercial Management Services, LLC, the new owner of the subject Real Property (described below) are in default under the terms of the Deed of Trust and the Note, 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 Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on January 27, 2022, at 10:00 a.m., EDT, at the front door of the Kanawha County Courthouse, 409 Virginia Street E., Charleston, West Virginia, all of the following described parcel of land, situate in the City of Charleston, Charleston East District, Kanawha County, West Virginia, together with all rights, easements, appurtenances, and all existing buildings, improvements, structures, fixtures, and replacements that are part of the real estate described below (the “Real Property”), said Real Property being more particularly described as follows: All that certain lot or parcel of land situate in the City of Charleston, Kanawha County, West Virginia, on the lower side of Capitol Street at the corner of Fry Street and extending back to Eagan Street, together with the improvements thereon and the appurtenances thereunto belonging, more particularly bounded and described as follows: BEGINNING at an iron pin set in the concrete sidewalk on the corner of Capitol Street and Fry Street; thence with the said concrete sidewalk on Capitol Street, S. 61 43′ E. 99.42 feet to a corner of the Shawver lot; thence with a Shawver line N. 28 16′ W. 143.89 feet to an iron pin in the concrete walk on Eagan Street; thence with said walk N. 61 34′ E. 98.89 feet to an iron pin in the concrete walk on Eagan and Fry Streets; thence with the concrete sidewalk on Fry Street, S. 28 29′ E. 144.15 feet to the place of BEGINNING. And being Parcel No. 1 of the same property conveyed by Kelley, Gidley, Blair & Wolfe, Inc., a West Virginia corporation, to T. J. Blair, III by Deed dated May 25, 1982, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2003, page 562. Thomas J. Blair, III died testate March 13, 2020. By the terms of his Last Will and Testament dated December 3, 2014, recorded August 7, 2020, of record in Will Book 958, page 836, he devised his residuary estate to his wife, Irene Frances Blair. The Estate of Thomas J. Blair, III, has been settled by Final Settlement dated July 22, 2021, recorded July 22, 2021, of record in Final Settlement Book 796, page 947. And further being the same property conveyed by Deed dated December 1, 2021, by Irene Frances Blair, individually and as Executrix of the Estate of Thomas J. Blair, III, deceased, to Commercial Management Services, LLC, of record in the aforesaid Clerk’s Office in Deed Book 3114, page 864. The address of the real property is commonly known as 550 Eagan Street, Charleston, West Virginia, 25301. The street address of the real property to be sold is, upon information and belief, 550 Eagan Street, Charleston, West Virginia 25301. 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, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser. The Real Property will be sold subject to unpaid real property taxes due to the Kanawha County Sheriff for the year 2015 through 2021. Real Property Taxes for the years 2015 through 2020 will need to be redeemed from the West Virginia State Auditor in the amount of $114,842.51, good through December 30, 2021. 2. Any statutory lien or liens including, without limitation, liens for real estate taxes, fire fees, refuse fees, sewer and water charges, having priority over the Deed of Trust referred to herein. 3. All covenants, conditions, restrictions, reservations, easements, and rights-of-way appearing of record in the chain of title to the Real Property and such matters which may be visible from a physical inspection of the Real Property. 4. All encumbrances of any nature whatsoever, if any, having priority over the Deed 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 Real Property to be sold will be sold “AS IS, WHERE IS” in its 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 or person occupying the Real Property to vacate said Real 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. 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. 8. Eagan Street Plaza, LLC , the beneficiary of the Deed of Trust and holder of the Note thereby, secured reserves the right to submit bids for the Real Property at the sale, which bid may be in the form of a credit bid. 9. 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. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Charles B. Dollison, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1731. DATED: December 21, 2021 Charles B. Dollison, Successor Trustee Zachary J. Rosencrance, Successor Trustee LC-122236 12-30;2021 01-06;2022