NOTICE OF SUCCESSOR
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Credit Line Deed of Trust and Security Agreement dated June 29, 2016, made, executed and granted by C L D RENTAL ENTERPRISES LLC to BB&T COLLATERAL SERVICE CORPORATION, a West Virginia corporation, as Trustee for the benefit of BRANCH BANKING AND TRUST COMPANY, as lender/beneficiary, and recorded in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5062, at page 5823, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated July 30, 2018, and recorded in the aforesaid Clerk’s office on August 6, 2018 in Trust Deed Book 5068, at page 429, 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, the undersigned Successor Trustee will sell at public auction to the highest bidder on
Thursday, November 29, 2018,
at 12:00 Noon
at 2825 Harper Road, Beckley, West Virginia 25801, the real estate described on the attached Exhibit A.
EXHIBIT A
PROPERTY DESCRIPTION
TRACT ONE:
BEING the following described lots or parcels of land located in TOWN DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, and being more particularly bounded and described as follows:
BEING LOT NOS. 68, 69, 70 and 71, as shown and designated on a map or plat of J.W. Harper’s property, which map is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 3, at Page 14-F.
AND BEING the same property conveyed unto Lewis Boothe from A & C Investments by deed dated August 27, 1999 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5000 at Page 6154.
TRACT TWO:
BEING a tract or parcel of land being a PART OF LOT 1 of the LIVELY ADDITION situate in TOWN DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, and being more particularly described as follows:
BEGINNING at a point situated on the eastern right of way line of West Virginia State Route 3 and the southern right of way line of Summit Street; thence leaving the right of way line of said Route 3 and with the right of way line of said Summit Street N 80deg. 53′ E 134.7 feet to a point; thence leaving the right of way line of said Summit Street and running through Lot 1 S 09deg. 25′ E 100.9 feet to a point on the common line of Lot 1 and Rinehart Heirs; thence with said common line S 80deg. 53′ W 135.16 feet to a point situated on the previously mentioned eastern right of way line of West Virginia Statue Route 3; thence with said right of way line N 09deg. 09′ W 100.9 feet to the point of beginning and containing 13,614 square feet (0.313 acres), more or less.
AND BEING the same property conveyed unto Lewis Booth from Shirley Garten by deed dated March 10, 2010 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5034 at page 8839.
The sale shall be made 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 herein; 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 U.S.C. 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property, for which the purchaser will be responsible. 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 a deposit equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price to the Successor Trustee by certified or cashier’s check or electronic fund transfer payable to the Successor Trustee at the time of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the total purchase price must be paid to the Successor Trustee by certified or cashier’s check or electronic fund transfer no later than thirty (30) days after the date of sale.
2. A buyer’s premium equal to five percent (5{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the successful bid will be added to such amount to determine the contract sale price.
3. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the property, the contract sale price, and the purchaser’s agreement to comply fully with its terms. Time is of the essence.
4. If the purchaser fails to deliver the contract sale price within the prescribed time, at the Successor Trustee’s sole discretion, the Successor Trustee will either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages, (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 Credit Line Deed of Trust and Security Agreement.
5. The beneficiary of the aforesaid Credit Line Deed of Trust and Security Agreement and the holder of the note(s) 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.
6. The property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
7. The Successor Trustee reserves the right to accept or reject any bids.
8. The property will be sold subject to any and all assessments and taxes against said property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.
9. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2.
10. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the property.
11. The subject real 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 of the real estate, fitness of the property for any particular purpose, or the title to the real estate to be conveyed. Prospective purchasers must perform such independent investigations with respect to the property as they deem necessary prior to bidding on the property.
12. The risk of loss from fire, casualty, or otherwise, and all liabilities of ownership of the property shall pass to, and shall remain with, the purchaser upon the acceptance of the successful bid.
13. 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 West Virginia Code 38-1-6 upon receipt of the contract sale price in good and available funds.
14. If the Successor Trustee is unable to convey title to the subject property for any reason, 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 prior to the sale and 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 his sole discretion, if he believes the challenge to have merit, may declare the sale to be void and return the deposit. Purchaser will have no further remedy.
15. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject real property to vacate said property. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the subject real property may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code 38-1-16.
16. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the subject real 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 38-1-17, to the extent such statute applies.
17. The Successor Trustee reserves the right 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.
18. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale or the property, including, but not limited to, these Terms of Sale.
Given under my hand this 30th day of October 2018.
MARK D. CLARK
Successor Trustee
Spilman Thomas & Battle, PLLC
PO Box 273
Charleston, WV 25321-0273
(304) 340-3800
11-22-THU-2-RH; LG 173064
ID: 173064