010120930 September 27, October 4
RENEWED NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Second Substitute Trustee, in accordance with the provisions of that certain Credit Line Deed of Trust, Security Agreement and Fixture Filing made by CORWIN PLACE, LLC ("Grantor"), to Billy Atkins and Robert W. Dinsmore, collectively, as Trustee, dated April 9, 2008 and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia (the "Clerk’s Office") in Trust Deed Book 1627, Page 50, as the same was previously amended and modified by that certain First Modification of Credit Line Deed of Trust, Security Agreement and Fixture Filing recorded in the Clerk’s Office in Trust Deed Book 1824, Page 446 (the "Deed of Trust"). PREMIER BANK, INC., successor by merger to First Central Bank, Inc., ("Lender"), the owner and holder of the note and obligations secured by the Deed of Trust appointed Seth Wilson, Esq. of the law firm of Bowles Rice LLP to serve as Substitute Trustee pursuant to that certain Notice of Appointment of Substitute or Successor Trustee, dated as of March 31, 2016, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 2112, at Page 509. Lender subsequently appointed Kerrie Boyle and Becky Pomeroy of Bailey & Glasser, LLP as Second Substitute Trustee pursuant to that that certain Second Notice of Appointment of Substitute or Successor Trustee, dated as of August 25, 2017, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 2202, at Page 251.
Grantor defaulted under the terms of the Deed of Trust and the Note and, as requested by Lender, the holder and owner of the Note secured by the Deed of Trust, the undersigned Second Substitute Trustee will sell at public auction on October 13th, AT 3:00 PM EST, 243 High Street, Morgantown, WV 26505 at the front door of the Monongalia County Courthouse in Morgantown, West Virginia, certain real property located in Monongalia County, West Virginia, being more particularly described as follows:
All of the following lots or parcels of land, together with the improvements thereon. and appurtenances thereunto belonging, situate, lying and being in Grant District, Monongalia County, West Virginia, and being more particularly bounded and described as follows:
All of Parcels "A, B, E & F" as the same are identified and laid down on that certain plat of survey entitled "Survey Plat Showing Subdivision of the Lands Recently Partitioned unto Crystal A. Corwin Bonnell, Charles A. Corwin III and Cynthia A. Corwin Walters", prepared by Gary A. Pratt, P.S. No. 907 dated April 16, 2004, revised September 9, 2004, and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Map Cabinet 3, Envelope 180-B.
The above real estate is the same as conveyed to Corwin Place LLC, a West Virginia limited liability company, by the following instruments: (a) deed from Cynthia A. Corwin Walters, dated the 28th day of April 2005, and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 1294, at Page 194; and (b) deed from Charles A. Corwin, III. dated the 28th day of April 2005, and recorded in the aforesaid Clerk’s Office in Deed Book No. 1294, al Page 197.
LESS AND EXCEPTING the following described lots or parcels of real estate which have heretofore been conveyed by Corwin Place LLC:
1.Deed dated November 20, 2009, from Corwin Place, LLC, a West Virginia limited liability company, to Build It, LLC, a West Virginia limited liability company, recorded in Deed Book No. 1399, at Page 69, for Lot/Unit 28, Corwin Place, Phase I.
2.Deed dated September 22, 2009, from Corwin Place, LLC, to Build It, LLC, recorded in Deed Book No. 1405, at Page 469, for Lot/Unit 25, Corwin Place, Phase I.
3.Deed dated December 26, 2012, from Corwin Place, LLC, a West Virginia limited liability company, to Avior Frames Inc., a West Virginia corporation, recorded in Deed Book No. 1472, at Page 86, for Lot/Unit 27, Corwin Place, Phase I.
4.Deed dated May 21, 2013, from Corwin Place, LLC, a West Virginia limited liability company, to Avior Frames Inc., a West Virginia corporation, recorded in Deed Book No. 1479, at Page 836, for Unit No. 26, Corwin Place, Phase I.
5.Deed dated October 21, 2013, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1487, at Page 19, for All of Townhomes Lots Nos. T4, T5, T6, T7 of Corwin Place.
6.Deed dated November 20, 2013, from Corwin Place. LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1488, at Page 702, for All of Townhomes Lots Nos. Tl, T2, T3 of Corwin Place.
7.Deed dated February 21, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1492, at Page 497, for All of Townhomes Lots Nos. T8, T9, Tl 0, Tl I and T12 of Corwin Place.
8.Deed dated March 5, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Secatello Contracting, LLC, a West Virginia limited liability company, recorded in Deed Book No. 1492, at Page 887, for Lot 22 and 23 Corwin Place.
9.Deed dated March 5, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Unique Homes, LLC, a West Virginia limited liability company, recorded in Deed Book No. 1493, at Page 237, for Lot 24 Corwin Place.
10.Deed dated March 5, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1497, at Page 209, for All of Townhomes Lots Nos. Tl 3, Tl 4, Tl 4, Tl 5, Tl 6 and Tl 7 of Corwin Place.
11.Deed dated June 9, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1498, at Page 882, for All of Townhomes Lots Nos. Tl 8, Tl 9, T20 and T2l of Corwin Place.
12.Deed dated September 24, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Corwin Place Development Incorporated, a Pennsylvania corporation, recorded in Deed Book No. 1506, at Page 305, for 5.70 Acres, more or less.
13.Deed dated October 28, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Harbans Singh and Pritpaljit K. Singh, recorded in Deed Book No. I 510, at Page 668, for All of Townhomes Lot 21 of Corwin Place.
14.Deed dated December 8, 2014, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1511, at Page 230, for All of Townhomes Lots Nos. T43, T44 and T45 of Corwin Place.
15.Deed dated March 12, 2015. from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1516, at Page 493, for All of Townhomes Lots Nos. T38, T39, T40, T41 and T42 of Corwin Place.
16.Deed dated May 1, 2015, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1522, at Page 117, for All of Townhomes Lots Nos. T33, T34, T35, T36 and T37 of Corwin Place.
17.Deed dated November 18, 2015, from Corwin Place, LLC, a West Virginia limited liability company, to Dan Ryan Builders, Inc., a Maryland corporation, recorded in Deed Book No. 1538, at Page 602, for All of Townhomes Lots Nos. T22, T23, T24, T25, T26, T27, T29, T30, T31 and T32 of Corwin Place.
18.Deed dated November 18, 2015, from Corwin Place, LLC, a West Virginia limited liability company, to Corwin Place Property Owners Association, Inc., a West Virginia Non- Profit Corporation, recorded in Deed Book No. 1538, at Page 607, for All ofTownhomc Lot No. T28 of Corwin Place.
FURTHER, FOR THE AVOIDANCE OF DOUBT AND NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE SUBSTITUTE TRUSTEE WILL NOT SALE (A) ANY PORTION OF LOT OR UNIT NOS. I THROUGH 65, INCLUSIVE, OF PHASE I OF CORWIN PLACE, AS SUCH LOTS OR UNITS ARE LAID DOWN AND DESIGNATED ON THAT CERTAIN PLAT OF SURVEY ENTITLED "LEGAL PLAT OF SURVEY CORWIN PLACE," PREPARED BY VICTOR M. DAWSON OF POTESTA & ASSOCIATES, INC., A COPY OF WHICH IS OF RECORDED IN THE AFORESAID CLERK’S OFFICE IN MAP CABINET D, ENVELOPE 39-B, (B) THE 0.47 ACRE STORM WATER DRAINAGE AND RETENTION AREA IDENTIFIED AND DEPICTED ON THE PLAT OF RECORD IN MAP CABINET D, ENVELOPE 39-B, OR (C) ANY PORTION OF TOWNHOUSE LOT OR UNIT NOS. Tl THROUGH T45, INCLUSIVE, AS SUCH LOTS OR UNITS ARE LAID DOWN AND DESIGNATED ON THAT CERTAIN PLAT OF SURVEY ENTITLED "SUBDIVISION PLAT OF CORWIN PLACE," PREPARED BY MICHAEL R. HYMAN OF THE THRASHER GROUP, INC., A COPY OF WHICH IS OF RECORDED IN THE AFORESAID CLERK’S OFFICE IN MAP CABINET 5, ENVELOPE 178-A, AND ALL OF THE FOREGOING PROPERTY IS EXCEPTED AND RESERVED FROM THE OPERATION OF THE TRUSTEE’S SALE.
TERMS OF SALE
Said property will be sold for cash in hand on date of sale, or under any different, other, or additional sale terms as may be determined to be appropriate or advisable in the reasonable discretion of the Second Substitute Trustee, by auction to the highest bidder. The sale shall be further subject to the following:
1.Real estate taxes delinquent, due or payable or to become due and payable;
2.Any statutory lien or liens that may affect the property;
3.All covenants, conditions, restrictions, reservations, casements, rights-of- way and other matters of record in the chain of title to the property, or which may be visible from a physical inspection;
4.The above property 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.
5.The rights of parties in possession of such property, if any
6.The undersigned Substitute Trustee shall have the right to postpone, continue, and/or adjourn the sale of such property without notice other than by oral proclamation at the time and place designated for such sale and/or the posting of notice at the courthouse prior thereto. Such postponement, continuation or 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 beneficial owner’s right to conduct said sale.
7.The undersigned Substitute Trustee expressly reserves the right to reject any and all bids.
8.The undersigned Substitute Trustee shall have the right to offer such property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustee shall determine, and in such order as the Substitute Trustee shall determine.
9.The successful purchaser(s), if any, as to and in relation to each respective lot, parcel and/or tract, in the event the same shall be sold separately and independently, shall be required to execute and deliver a memorandum of sale and purchase with the undersigned Substitute Trustee immediately following the conclusion of the sale of such property, a proforma version of which shall be available for review and inspection prior to the sale of such property.
10.The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by the undersigned Substitute Trustee.
Any inquiries regarding this sale may be directed to Kerrie Boyle and Becky Pomeroy, Second Substitute Trustee, Bailey & Glasser, LLP, 6 Canyon Road, Suite 200, Morgantown, West Virginia 26508, Telephone: 304-594-0087.
DATED this 21st day of September, 2017
Kerrie Boyle, Esq. Substitute Trustee
Becky Pomeroy, Esq. Substitute Trustee