The undersigned Successor Trustee, Kathy M. Santa Barbara, by virtue of the authority vested in her by that certain Real Estate Deed of Trust bearing date June 5, 2008, and recorded in the office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book No. 479, at Page 442, and made by B. K. Haynes Corporation to Mark H. Wright or C. David Robertson, as Trustees; under which Deed of Trust default having been made, and the undersigned Successor Trustee having been directed in writing to foreclose hereunder by the secured party, will offer for sale at public auction, at the front door of the Hampshire County Courthouse in Romney, West Virginia, on Friday, August 19, 2016 at 10:00 o’clock a.m., all those certain lots or parcels of real estate, with the improvements thereon and appurtenances thereunto belonging, situate, lying and being in Bloomery District of Hampshire County, West Virginia, and more particularly described as follows:
Lot 1 of Lodges at Buffalo Gap – Phase I Subdivision, containing 18.508 acres, more or less, as more particularly described on that certain Final Plat of Lodges at Buffalo Gap – Phase I; Lot Nos. 1 Through 15 and Common Area, dated October 28, 2008, as prepared by R & S Services, Inc., Rickie C. Davy, Licensed Professional Surveyor, which Plat is recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book 11, at Pages 145 – 148. (Map 26, Parcel 120)
Lot 2 of Lodges at Buffalo Gap – Phase I Subdivision, containing 3.759 acres, more or less, as more particularly described on that certain Final Plat of Lodges at Buffalo Gap – Phase I; Lot Nos. 1 Through 15 and Common Area, dated October 28, 2008, as prepared by R & S Services, Inc., Rickie C. Davy, Licensed Professional Surveyor, which Plat is recorded in the aforesaid Clerk’s office in Map Book 11, at Pages 145 – 148. (Map 26, Parcel 121)
Lot 4 of Lodges at Buffalo Gap – Phase I Subdivision, containing 3.627 acres, more or less, as more particularly described on that certain Final Plat of Lodges at Buffalo Gap – Phase I; Lot Nos. 1 Through 15 and Common Area, dated October 28, 2008, as prepared by R & S Services, Inc., Rickie C. Davy, Licensed Professional Surveyor, which Plat is recorded in the aforesaid Clerk’s office in Map Book 11, at Pages 145 – 148. (Map 26, Parcel 123)
New Lot 5 of Lodges at Buffalo Gap – Phase I Subdivision, containing 7.497 acres, more or less, and being all of New Lot 5 of Lodges at Buffalo Gap – Phase I, containing 7.208 acres, more or less, located on the northwest side of the centerline of West Virginia Secondary Route 15/4 “Joe Shanholtz Road”, and being approximately 0.62 miles southwest of the intersection of said West Virginia Secondary Route 15/4 with West Virginia Secondary Route 15, as described by that certain Description of Survey, and shown on that certain Plat of Survey, both prepared by R&S Services, Inc., Rickie C. Davy, Professional Surveyor, which said Description and Plat are of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 503, at pages 555 – 560; and a portion of Lot 6 of Lodges at Buffalo Gap – Phase I Subdivision, containing 0.289 acres, more or less, located about 400 feet northwest of the centerline of West Virginia Secondary Route 15/4 “Joe Shanholtz Road”, being approximately 0.72 miles southwest of the intersection of said West Virginia Secondary Route 15/4 with West Virginia Secondary Route 15, as described by that certain Description of Survey, and shown on that certain Plat of Survey, both prepared by R&S Services, Inc., Rickie C. Davy, Professional Surveyor, which said Description and Plat are of record in the aforesaid Clerk’s office in Deed Book No. 504, at pages 835 – 839. Said 0.289 acre parcel has been heretofore merged with the adjoining New Lot 5 of Lodges at Buffalo Gap, containing 7.208 acres, to form the new tract which is designated as New Lot 5 of Lodges at Buffalo Gap – Phase I Subdivision, containing 7.497 acres, more or less. (Map 26, Parcel 124)
Remainder of Lot 6 of Lodges at Buffalo Gap – Phase I Subdivision, containing 5.633 acres, more or less, which said parcel consists of the original Lot No. 6 of Lodges at Buffalo Gap – Phase I Subdivision less that certain outconveyance of 0.289 of an acre, as shown on that certain Plat of record in the aforesaid Clerk’s office in Deed Book No. 504, at page 829. (Map 26, Parcel 125)
Lot 9 of Lodges at Buffalo Gap – Phase I Subdivision, containing 3.564 acres, more or less, as more particularly described on that certain Final Plat of Lodges at Buffalo Gap – Phase I; Lot Nos. 1 Through 15 and Common Area, dated October 28, 2008, as prepared by R & S Services, Inc., Rickie C. Davy, Licensed Professional Surveyor, which Plat is recorded in the aforesaid Clerk’s office in Map Book 11, at Pages 145 – 148. (Map 26, Parcel 128)
Lot 10 of Lodges at Buffalo Gap – Phase I Subdivision, containing 5.954 acres, more or less, as more particularly described on that certain Final Plat of Lodges at Buffalo Gap – Phase I; Lot Nos. 1 Through 15 and Common Area, dated October 28, 2008, as prepared by R & S Services, Inc., Rickie C. Davy, Licensed Professional Surveyor, which Plat is recorded in the aforesaid Clerk’s office in Map Book 11, at Pages 145 – 148. (Map 25, Parcel 82)
That certain Common Area, containing 3.775 acres, more or less, as more fully shown upon a Plat of Survey thereof prepared by R&S Services, Inc., dated October 28, 2008, and recorded in the aforesaid Clerk’s office in Plat Book No. 11, at page 146, as the same may have been subsequently re-platted or re-surveyed and placed of record in said Clerk’s office. (Map 26, Parcel 131)
SUBJECT, HOWEVER, to any and all lines, notes, set backs, easements, rights-of-way, etc., as shown on the aforesaid Final Plat as recorded in the aforesaid Clerk’s office in Map Book 11, at Pages 145 – 148.
AND FURTHER SUBJECT TO that certain “Final Amendment, Acknowledgment and Confirmation of Declaration of Covenants, Conditions and Restrictions for Phase I of the Lodges at Buffalo Gap Subdivision,” of record in the aforesaid Clerk’s office in Deed Book No. 504, at Page 779.
AND BEING a part of the same real estate which was conveyed unto B. K. Haynes Corporation, a Virginia corporation, by Deed of Buffalo Gap, LLC, dated the 16th day of December, 2005, and of record in the aforesaid Clerk’s office in Deed Book No. 450, at Page 611.
Said properties are to be conveyed subject to all utility easements and rights-of-way of record, subject to any restrictive covenants of record, and subject to any unpaid real estate taxes.
THE SUBJECT PROPERTIES, INCLUDING ANY IMPROVEMENTS THEREON, WILL BE SOLD IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND. THE SUCCESSOR TRUSTEE SHALL BE UNDER NO DUTY TO CAUSE ANY EXISTING TENANT OR PERSON OCCUPYING THE SUBJECT PROPERTIES TO VACATE SAID PROPERTIES. ANY PERSONAL PROPERTY AND/OR BELONGINGS REMAINING ON THE REAL ESTATE AFTER THE FORECLOSURE SALE SHALL BE DEEMED TO CONSTITUTE ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sale price shall be paid by cash, cashiers check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale, with the balance to be paid in cash at closing within thirty (30) days after the sale date, time being of the essence. Purchaser shall pay for all closing costs, including, but not limited to, transfer stamps, deed preparation, delinquent and current real estate taxes, fire fees, ambulance fees, and recording fees.
FEDERAL TAX LIENS: In the event that there are federal tax liens against the property, the United States of America has the right to redeem the property within 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
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 Successor Trustee reserves the right to reject any and all bids. The Successor Trustee further reserves the right to sell said real property in its totality or in parcels, as announced at the time of the sale.
The Successor Trustee is fully vested with authority to sell the property as trustee by virtue of a certain Notice of Appointment of Successor Trustee dated April 20, 2016, and made by Summit Community Bank, Inc. and recorded in the aforesaid Clerk’s office in Deed of Trust Book No. 597, at page 37.
Any person having any inquiries, objections to the sale, protest regarding the sale, or requests regarding the sale should contact the Successor Trustee by one of the means set forth below.
Dated this 26th day of July, 2016.
Kathy M. Santa Barbara, Successor Trustee
518 W. Stephen St.
Martinsburg, WV 25401
Telephone – 304-264-0000
Facsimile – 304-263-2527
2t: 8/3/16
8/10/16
8-3-2c