NOTICE OF
TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Purchase Money Deed of Trust, dated June 28, 2010, made by George M. Bach, as Grantor, Jeffrey S. Bowers, as Trustee, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 129, at page 425 (the “Deed of Trust”), to secure indebtedness described therein payable to Almost Heaven Habitat for Humanity, Inc., a West Virginia nonprofit corporation, in the original principal amount of $45,000.00 (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Pendleton County, West Virginia, more particularly described herein.
WHEREAS, on or about October 1, 2013, Almost Heaven Habitat for Humanity, Inc., assigned the Note and the Deed of Trust to CommunityWorks in West Virginia, Inc., of record in the aforesaid Clerk’s office at Assignment Book 7, page 111. Accordingly, CommunityWorks in West Virginia, Inc. is the holder of the Note and the beneficiary of the Deed of Trust.
Pursuant to authority granted in the Deed of Trust, CommunityWorks in West Virginia, Inc., the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance and Scott E. Barnette, both residents of Kanawha County, West Virginia, and C. Seth Wilson, a resident of Monongahela County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated September 24, 2018, of record in the aforesaid Clerk’s office in Trust Deed Book 159, at page 81.
CommunityWorks in West Virginia Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that George M. Bach is in default under the terms of the Note, and that George M. Bach is in default under the terms of the Deed of Trust, 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 14th day of December, 2018, at 1:30 p.m., prevailing Eastern time, at the front door of the Pendleton County Courthouse, 100 S. Main Street, Franklin, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, described below as Lot 12B in South Fork Crossing Subdivision situate in Sugar Grove District, Pendleton County, West Virginia, and more particularly designated and described as follows (hereinafter, the “Real Property”):
Real Property:
The land referred to herein below is described as Lot 12B in South Fork Crossing Subdivision situate in Sugar Grove District, Pendleton County, West Virginia, being more particularly bounded and described as follows:
BEGINNING at a 5/8″x30″ capped rebar set flush in a curve on the south right of way line of Secondary Route 21, being 45 feet from center of the planned roadway project number N-AC 2(1) and a new division corner of Lot 12, thence leaving Lot 12A and with the south side of said Sec. Rte. 21 and a curve to the right curve having an arc of 7.09 feet, a radius of 909.99 feet, a delta of 00° 26’ 47″ and a chord of N. 76° 26’ 39″ E. 7.09 feet to a 5/8″x30″ capped rebar set flush at end of said curve, thence still with south side of Rte. 21 N. 76° 39’ 11″ E. 39.62 feet to a 3/4″ capped rebar found flush as northwest corner to Lot 11, thence leaving Rte. 21 and with Lot 11 S. 20° 59’ 05″ E. 124.07 feet to a 3/4″ capped rebar found flush on the north side of a 50 foot access right of way, thence leaving Lot 11 and with the north right of way line of said road S. 64° 39’ 38″ W. 33.43 feet to a 5/8″x30″ capped rebar set, new division corner to Lot 12A, thence leaving north side of said 50 foot access right of way and with a new division line splitting a house N. 26° 33’ 28″ W. 133.42 feet to the BEGINNING, containing 5,102 square feet or 0.12 acres, more or less, as surveyed July 26, 2007, by L & W Enterprises, Inc. of Petersburg, WV and as shown on a plat attached hereto and made a part of this description. Being part of Lot 12 as shown in Map Book 6, page 183.
And being the same property conveyed by Deed dated June 28, 2010, recorded June 28, 2010, in Deed Book 185, page 299, from Almost Heaven Habitat for Humanity, Inc. to George M. Bach.
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 or her 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, 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 of 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 W. Va. Code § 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.
11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100.
DATED: November 5, 2018.
/s/Zachary J. Rosencrance
Zachary J. Rosencrance, Successor Trustee
11-22-2c