NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a certain Construction Deed of Trust (the “Deed of Trust”) dated February 13, 2006, made by Stephen Dessner and Sarah H. Dessner to David W. Hambrick and Mark Lazenby, Trustees, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book No. 577, at page 1, and as modified by that certain Modification of Deed of Trust dated May 5, 2010, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book No. 668, at page 896, to secure City National Bank of West Virginia in the payment of the sum of $3,400,000.00, evidenced by a negotiable promissory note bearing an even date therewith, and City National Bank of West Virginia being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Sarah C. Ellis and/or C. Nash Bowen, were so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustees having been requested in writing so to do by City National Bank of West Virginia owner and holder of said note, said Substitute Trustees, on
TUESDAY, DECEMBER 10, 2019 AT 2:00 P.M. EASTERN TIME
will offer for sale and sell at public auction at the front steps of the Greenbrier County Courthouse located at 912 N Court Street, Lewisburg, WV 24901 for the property commonly known as 270 Van Buren Ridge, White Sulphur Springs, WV 24986 to the highest bidder therefore, which is comprised of all of its right, title and interest, in and all that surface only of that certain lot, tract, or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and more particularly designated and described as:
“Lot/Unit Twenty Two (22), of The Ridges of Greenbrier Mountain Phase One of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat of Subdivision dated November 15, 2001, prepared by Draper Aden Associates, Engineering, entitled “Subdivision Plat, The Ridges of Greenbrier Mountain Phase One, a Resubdivision of Timber Ridge Phase One Neighborhood, The Greenbrier Sporting Club Development Company, LLC, White Sulphur District, Greenbrier County, West Virginia” a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book No. 4, in Cabinets B-33, B-34, B-35 & B-36.”
And being the same real property conveyed unto Sarah H. Dessner by deed dated July 25, 2002 from The Greenbrier Sporting Club Development Company, LLC, a Delaware limited liability company qualified to transact business in West Virginia, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 476 at page 398.
The sale of said property will be made subject to all exceptions, encumbrances, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
Any questions or inquiries regarding the sale can be directed to the Substitute Trustees at 304-353-8000.
Dated: November 4, 2019.
Sarah C. Ellis, as Substitute Trustee
Steptoe & Johnson PLLC
P. O. Box 1588
Charleston, WV 25326
(18,25nv)
