NOTICE OF SUCCESSOR TRUSTEE’S SALE
Notice is hereby given that virtue of the following deed of trust:
Credit Line Deed of Trust dated April 12, 2006 made by Kenneth C. Clutter, Sr. and M. Rene Clutter to Molly K. Frick and Daniel T. Yon, Trustees, for the benefit of Community Trust Bank, Inc., which deed of trust is of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book No. 580, at Page 634; as amended by instruments including, Amended Deed of Trust dated October 21, 2009, recorded in Trust Deed Book 665, at Page 265; Amended Deed of Trust dated December 1, 2010, recorded in Deed of Trust Book 677, at Page 789; Loan Document Modification Agreement dated February 12, 2012, recorded in Trust Deed Book 715 at Page 331; Amended Deed of Trust dated February 11, 2013, recorded in Trust Deed Book 715, page 347; Amended Deed of Trust dated October 7, 2013, recorded in Trust Deed Book 722 at Page 681; and Amended Deed of Trust dated September 8, 2015, recorded in Trust Deed Book 752, at the Page 666, Christopher J. Plybon having been named Successor Trustee to Molly K. Frick by Notice Of Substitution of Trustee recorded in the aforesaid Clerk’s Office in Trust Deed Book 761, at Page 51.
Default having been made in the payment of the obligations secured by such deed of trust, the undersigned, Christopher J. Plybon, Successor Trustee, having been required to do so by Community Trust Bank, Inc. the owner and holder of the obligations secured by such deed of trust, and having full and absolute power and authority in the premises, will on the 31st day of May, 2016 at 10:30 AM Eastern Time, offer for sale and sell at public auction, for cash to the highest bidder, at the north front door of the Courthouse of Kanawha County, at 409 Virginia Street East, Charleston, West Virginia, the location for sale provided for in said Credit Line Deed of Trust, the following described property:
All of that certain lot or parcel of real estate on the east side of Fairview Road,WV S.L.S. Route 32 and being designated as Lot#1 of Phase 1 of Fairview Associates, LLC Subdivision, in Lewisburg District, Greenbrier County, West Virginia, and being more particularly described as follows, to-wit:
Beginning at a 5/8″ rebar, with cap, set, in the north right-of way line of a 40.00 foot wide right-of -way line, corner to Lot #2 Phase 1 and being N 19˚ 30′ 39″ W 312.91 feet from an Iron Pin, near a fence post, corner to parent Tract and Faraday, Inc., thence with right-of-way ; S 87˚ 16′ 03″ W 83.27 feet, to a point, thence with a curve to the left having a Delta Angle of 16˚ 48′ 47″, Radius of 199.41, Chord of S 81˚ 16′ 20″ W 58.31 feet, for 58.52 feet, to a point thence: S 74˚ 21′ 42″ W 46.00 feet, to a point at the intersection with another 40.00 foot wide fight-of-way, thence with a curve to the right having a Delta angle of 88˚ 30′ 32″, Radius of 20.00 feet, Chord of N 61˚ 23′ 02″ W 27.91 feet, for 30.90 feet, thence continuing with a curve to the right having a Delta Angle of 20˚ 24′ 00″, Radius of 114.48, Chord of N 06˚ 55′ 46″ W 40.54 feet, for 40.76 feet, to a point,thence; N 07˚ 23′ 35″ E 128.81
feet, to a point, thence with a curve to the right having a Delta Angle of 02˚ 56′ 52″, Radius of 768.86, Chord of N 12˚ 40′ 38″ E 39.55 feet, to a 5/8″ rebar with cap, set, in the east right-of-way line of a 40.00 foot wide right-of-way and corner to Lot #40 Phase 1, thence; N 87˚ 14′ 03″E 162.13 feet, to a 5/8″ rebar with cap,set, corner to Lot 40 and Lot 2, thence; S 07˚ 40′ 36″ E 204.38 feet, to the beginning and containing 0.918 acres more or less, being Lot 1 of Pinnacle Subdivision, as developed by Fairview Associates, LLC, and shown on a map attached hereto and being signed by William L. Toney, Jr.,P.S. #1308.
Being the same property conveyed to Kenneth C. Clutter, Sr., Mary Rene Clutter and Jonathan Cavendish, by Fairview Associates, LLC, a West Virginia limited liability company, by deed dated April 12, 2006, recorded in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book No. 505, at Page 144, and conveyed to Jonathan P, Cavendish by Kenneth C. Clutter, Sr, and Mary Rene Clutter, by Deed dated March 31, 2012, recorded in the aforesaid Clerk’s Office in Deed Book 547, at Page 657.
TERMS OF SALE:
1. Cash in hand paid on the day of sale.
2. The sale is made “where is, as is” with no warranty whatsoever. The Trustee shall have no reponsibility for removal of any tenant or other party in possession of said property.
3. Subject to any and all assessments and taxes aganist said property, and all matters of record in the aforesaid Clerk’s Office senior in priority to the deed of trust under which this sale is being made, including without limitation all prior liens and ecumbrances of any nature whatsoever., including, without limitation, the liens for ad valorem real estate taxes for the years 2015 and following.
4. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code.
5. If the sale is set aside, the purchaser at such sale may be entitled to only a return of the amount paid less any applicable fees and costs and shall have no further recourse against the Trustee, the Beneficiary, or any other person or entity.
6. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment
thereof.
Given under my hand this 27th day of April, 2016.
Christopher J. Plybon, Successor Trustee
(304-529-6181)
(4,11my)