Source: March 17, 2015 Read More →

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust – A Credit Line Deed of Trust, dated July 9, 2010, made by Libby’s Hair & Tanning, Inc., as Grantor, unto Stephen M. Feola and Gary R. Mills, as Trustee, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5040, at page 635 (the “Deed of Trust”), securing repayment of indebtedness evidenced by that certain Promissory Note, dated July 9, 2010, payable by Libby’s Hair & Tanning, Inc. to the order of First Community Bank, N.A., now known as First Community Bank, a Virginia-chartered commercial bank, in the original principal amount of $99,518.67 (together with all amendments, extensions, renewals, modifications, replacements, and substitutions, the “Note”), plus interest thereon, and all other indebtedness arising under the Deed of Trust and the Note. Pursuant to authority granted in the Deed of Trust, First Community Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Richard M. Francis and Daniel J. Cohn, both residents of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee dated December 15, 2014, of record in the aforesaid Clerk’s office in Trust Deed Book 5057, at page 9555. First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Libby’s Hair & Tanning, Inc., is in default under the terms of the Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 31st day of March, 2015, at 10:00 a.m., EDT, at the front door of the Raleigh County Courthouse, 222 Main Street, Beckley, West Virginia, all of the surface only of that certain tract of land located in the Shady Spring District, Raleigh County, West Virginia and more particularly described as follows (the “Real Property”): A certain lot of parcel of land situate in Daniels, in Shady Spring District, Raleigh County, West Virginia, to-wit: BEGINNING at an iron pin at the intersection of the northeastern side of the right of way of U. S. Routes 19-21 with the northwestern side of the right of way of Prince Lane; thence following U. S. Routes 19-21 right of way for the next three calls: N. 44 47′ W. for 132.76 feet to an iron pin; thence N. 42 40′ W. for 59.83 feet to a point; thence N. 43 16′ W. for 46.39 feet to a fence post, corner to John Pack property; thence with Pack N. 43 34′ E. for 185.0 feet to an iron pine near a red maple; thence with a new line through Roger Bragg’s 0.95 acre parcel S. 46 26′ E. for 194.14 feet to an iron pin on the northwestern right of way of Prince Lane; thence following said right of way S. 30 00′ W. for 200.41 feet to the point of BEGINNING, containing 0.765 acres, more or less, as shown on a plot plant entitled “PROPERTY OF ROGER D. & JO ELLEN BRAGG, DANIELS W. V. 0.765 ACRE PARCEL OF LAND LOCATED IN DANIELS, ON U. S. ROUTES 19-21, SHADY SPRING DIST., RALEIGH CO., W. V. SURVEYED; JUNE 23, 1985, SCALE: 1″ = 40′,” a copy of said plot plan recorded with prior deed. EXCEPTED and reserved here from is that certain 0.329 acre, more or less, portion of this tract conveyed to JoAnn Cooper by Deed dated July 6, 2007 and recorded in deed Book 5027 at page 6365. This property is subject to the following water line easements: 1. Easement to Chilton W. Price by Deed of Easement dated November 5, 1981, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 649 at page 729. 2. Easement to Gertrude P. McLoud by Deed of Easement dated November 5, 1981, recorded in the aforesaid Clerk’s Office in Deed Book 649 at page 723. 3. Easement to JoAnn Cooper by Deed dated July 6, 2007 and recorded in the aforesaid Clerk’s Office in Deed Book 5027 at page 6365. AND BEING the same property conveyed unto DCR Properties I-A LLC, Florida LLC from The Watchful Eyes Daycare Center Inc., et al., by deed dated May 1, 2009, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5038 at page 8506. There is a deed of correction recorded in Deed Book 5038 at page 9010. Said property has been resurveyed by Lawson Engineering and Technical Services, Inc., in April, 2010 and found to contain 0.618 acres with the following metes and bounds description: LEGAL DESCRIPTION 0.618 Acre Residual Watchful Eyes Daycare Center, Inc. DB 721/P 512 Beginning at a 5/8″ steel rebar and cap (found) on the eastern right-of-way line of Ritter Drive (US Route 19) being the common corner of with Jo Ann Cooper DBA KB Kids; thence, leaving US Route 19 and with the Cooper line N 51 f 48′ 52″ E for 64.20 feet to a chain link fence post (found): thence, N 51 f 55′ 02″ E for 127.60 feet to a 5/8″ steel rebar with plastic cap (found) on the western line of the Josephine Ennis Price parcel; thence, with the Price line S 46 f 26′ 00″ E for 101.39 feet to a 5/8″ steel rebar and cap (set) on the western right-of-way line of Price Lane; thence, with the western right-of-way line of Price Lane S 30 f 00′ 00″ W for 202.14 feet to a 5/8″ steel rebar and cap (set) at the intersection of the northern right-of-way line of Ritter Drive (US Route 19) and the western right-of-way line of Price Lane; thence, with the northern right of way line of Ritter Drive (US Route 19), the following two (2) courses and distances; N 44 f 47′ 00″ W for 132.76 feet to a point; thence N 42 f 40′ 00″ W for 43.94 feet to the point of beginning and containing 0.618 acres, more or less. AND FURTHER BEING the same property being conveyed unto Libby’s Hair & Tanning, Inc., by deed recorded in the aforesaid Clerk’s office. The street address of the Real Property to be sold is, upon information and belief, 1301 Ritter Drive, Daniels, West Virginia 25832. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements, and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, and incinerator, sanitary, and sewer charges, having priority over the deed of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold 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. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. 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 c 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such 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 right to make the sale contemplated by this Notice. 9. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Richard M. Francis and Daniel J. Cohn, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: March 4, 2015. /s/ Daniel J. Cohn Daniel J. Cohn, Successor Trustee 3-24-TUE-2-RH; L 2714