Source: February 26, 2015 Read More →

NOTICE OF SUCCESSOR TRUSTEES’ SALE

NOTICE OF SUCCESSOR TRUSTEES’ SALE NOTICE IS HEREBY GIVEN THAT: By virtue of A Credit Line Deed of Trust and Security Agreement dated August 11, 2005, made and executed by SEDONA GRILLE INC., a West Virginia corporation, to BB&T Collateral Service Corporation, a West Virginia corporation, as Trustee, and of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 746, at page 556, 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 January 6, 2015, and recorded in the aforesaid Clerk’s office in Trust Deed Book 943, at Page 361, the undersigned Successor Trustees will sell at public auction to the highest bidder on Monday, March 16, 2015 at 11:00 a.m. at the main entrance to the Fayette County Courthouse in Fayetteville, West Virginia, the following described real estate, being commonly known as 1690 Court Street, Fayetteville, West Virginia, and further described as: The following real estate situate in the Town of Fayetteville, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: BEGINNING at a set stone at west side of new State Highway 19-21, corner to B. L. Bragg tract, and running N 82-50 W 306.5 feet to a set stone in the old original tract line; thence leaving Bragg and with old line N 17-48 E 210 feet to a corner between two oaks; thence S 71-30 E 20 feet to a corner on a street; thence with the same N 33-15 E 177 feet to corner of adjoining street; thence with same S 56-00 E 325 feet to the aforesaid state highway; thence with same S 33-15 W 240 feet to the beginning, containing 2 acres, more or less, and comprising Lots Nos. 5 and 6 as shown on a plat of “Baby Farms owned by Bragg and Selvey”. There is, however, excepted and reserved from the above-described real estate that certain tract conveyed unto Roxanna Ballard and Matthew Ballard by Deed of record in the Fayette County Commission Clerk’s Office in Deed Book 549 at Page 10, and being more particularly bounded and described as follows: BEGINNING at a rebar (set) in the line of Margaretta Cline and Bethel B. Ballard, to which an iron pin (found) in the edge of Route 16, 30 feet from road center beards S 57-38-20 E at 100.00 feet, thence with a new line through Bethel B. Ballard, S 38-28-15 W 311.28 feet to an iron pin (set), in the line of Jack Treadway; thence, N 84-37-53 W 164.25 feet to a rock to which an iron pin bears N 47-37-10 W at 2.92 feet; thence, N 15-29-07 E 211.61 feet to a concrete monument (found), thence, S 73-34-51 E 18.24 feet to an iron pin (found); thence N 33-15-00 E 176.57 feet to an iron pin (found); thence S 57-38-20 E 220.64 feet to the point of beginning and containing 1.60 acres, more or less. There is further excepted and reserved from the above-described real estate that certain tract which was reserved by Matthew Ballard and Roxanna Ballard in that certain Deed dated the 30th day of September, 2003, and of record in the aforesaid Clerk’s Office in Deed Book 598 at Page 588, which said tract is more particularly bounded and described as follows, to-wit: BEGINNING at a point in the edge of Route 16, 30 feet from road center to which an iron pin (set), a corner to Jack Treadway and Bethel B. Ballard bears S 31-33-08 W at 105.32 feet; thence with the center-line of this easement the following four (4) calls: S 58-26-52 W 7.00 feet; thence, S 70-19-44 W 32.00 feet; thence N 88-58-39 W. 69.00 feet; thence, 83-33-11 W 52.00 feet to the property line of Matthew A. Ballard, as shown on a “Plat of Survey for Bethel B. Ballard”. And being the same real estate which was conveyed unto Sedona Grill Inc., a West Virginia corporation, by deed of Bethel Ballard, Matthew A. Ballard and Roxanna Ballard, his wife, dated the 30th day of September, 2003, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 598 at Page 588. 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 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 U.S.C. c 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property. The Trustees make no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. TERMS OF SALE: 1. The successful bidder shall be required to execute a memorandum of sale upon acceptance of the successful bid by the undersigned. 2. Cash in hand on the day of sale. The successful bidder shall tender the total purchase price to the Successor Trustees by certified or cashiers check or electronic fund transfer on or before 5:00 p.m. EDT on Monday, March 16, 2015, with a nonrefundable deposit equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Successor Trustees on the day of sale by certified or cashiers check. 3. The beneficiary of the 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. 4. The property may be sold either as a whole or in parcels in the Successor Trustees’ sole discretion. 5. The Successor Trustees reserve the right to accept or reject any bids. 6. 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. 7. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code c 11-22-2. 8. The subject property will be sold in “AS IS” condition. The Successor Trustees make no representations or warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Successor Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code c 38-1-6 upon receipt of the purchase price in good and available funds. 9. The Successor Trustees 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 Protecting Tenants at Foreclosure Act of 2009. 10. To the extent permitted under applicable law, any belongings remaining at the subject property after the sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 11. The Successor Trustees reserve 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. 12. Announcements made on the day of sale take precedence over these Terms of Sale. Given under my hand this 9th day of February, 2015. DAVID A. BOSAK, Successor Trustee Spilman Thomas & Battle, PLLC P.O. Box 273 Charleston, West Virginia 25301 (304) 340-3800 W. ERIC GADD, Successor Trustee Spilman Thomas & Battle, PLLC P.O. Box 831 Wheeling, West Virginia 26003 (304) 230-6977 3-5-THR-2-FT; LG 119