Notice is hereby given that default has occured in the payment of that certain indebtedness secured by a Deed of Trust executed the 30th day of June  2011, made by Laura Peggy Sue Blevins (“Grantor”), to Robert Richardson, in his capacity as Trustee (the “Original Trustee”), predecessor in interest to Thomas W. White (the “Substitute Trustee”), in favor of Almost Heaven Habitat for Humanity, Inc. (the “Beneficiary”), to secure the payment of a note in the amount of Eighty Thousand Dollars and Zero Cents ($80,000.00), of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book 685, at page 604 (the “Deed of Trust”). The Substitute Trustee was appointed in the Original Trustee’s place and stead, by instrument recorded in the aforesaid clerk’s office in Trust Deed Book 746, Page 823. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon
(the “Real Estate”) on:
All of the following described lot or parcel of real property, together with the improvements thereon and the appurtenances thereto, located and situate in White Sulphur Springs Municipality, White Sulphur Corporation, Greenbrier County, West Virginia, and being more particularly described as follows:
Lot No.1 of Summer Elms
All of Lot No.1 of Summer Elms, together with all appurtenant non-exclusive easements and rights of way, as the same are shown, illustrated, and designated upon that plat of survey entitled “Plat of Survey showing Summer Elms as a Common Interest Community prepared for Almost Heaven Habitat For Humanity,” prepared by Mark C. Geary PE, PS, WV PS No. 1523, of Geary Associates, PLLC, which said plat of survey is of record in the office of the Clerk of the Pendleton County Commission, recorded on June 21, 2011, in Map Book 5, Map Cabinet D-81.
Being a part of that same real property granted and conveyed to Almost Heaven Habitat For Humanity by Deed from Mark A. Kirk and Big Dreams, LLC, dated October 27, 2010, recorded in the office of the Clerk of the County Commission of Greenbrier County in Deed Book 537 at page 620.
Sale of the real estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in his or her opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the real estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the real estate to the next highest bidder if such bidder will honor his bid.
The Trustee also reserves the right to continue the sale of the real estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Greenbrier County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale in writing to the following address: Dinsmore & Shohl LLP, 237 North Court Street, Lewisburg, WV 24901, (304) 645-9114. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or beneficiary’s designee may purchase the real estate at the sale, in whatever manner sold, and in such case, the beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the real estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the real estate. Any and all legal procedural requirements to obtain physical possession of the real estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the real estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the real estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the real estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
Given under my hand this 24th day of July 2015.
Thomas W. White
Dinsmore & Shohl LLP • Legal Counsel
237 North Court Street
Lewisburg, WV 24901
T (304) 645-9114 •  F (304) 645-5375