NOTICE OF
SUBSTITUTE TRUSTEE’S SALE
OF VALUABLE
REAL ESTATE
TO: Garrison Wheeling Propco LLC
c/o Garrison Investment Group LLC
P.O. Box 56607
Atlanta, GA 30343
Garrison Wheeling Propco LLC
c/o Garrison Investment Group LLC
1290 Avenue of the Americas, Suite 914
New York, NY 10104
Notice is hereby given that the undersigned Substitute Trustee, will sell at public auction to the highest bidder on:
Thursday, November 30, 2023, at 10:00 a.m.,
at 908 National Road, Wheeling, Ohio County, West Virginia, that certain property conveyed by Wheeling National Road Limited Liability Company to Mark Slotnick, Trustee, by Deed of Trust dated September 11, 2011, and recorded in Ohio County Deed of Trust Book 1421, at page 376. By Assignment of Credit Line Deed of Trust and Security Agreement dated March 18, 2014, by Basis Real Estate Capital II, LLC to Deutsche Bank Trust Company Americas, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage Pass- Through Certificates, Series 2011-C5, and recorded in Ohio County Assignment Book 22, at page 658. By Memorandum of Assumption Agreement dated November 10, 2014, to be effective November 20, 2014, by and among Deutsche Bank Trust Company Americas, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2011-C5 (“Noteholder”), Wheeling National Road Limited Liability Company (“Original Borrower”), William P. Kratsa, Jr. and James N. Kratsa (“Original Guarantor”), Garrison Wheeling Propco LLC (“Assuming Borrower”), Garrison Real Estate Fund III and GREF III REIT (“New Guarantor”) and recorded in Ohio County Deed of Trust Book 1495, at page 308, and being described as follows:
PARCEL ONE:
All of Lot 1, containing approximately 5.369 acres, more or less, situated on the south side of National Road (U.S. Route No. 40) in the City of Wheeling, Triadelphia District, Ohio County, West Virginia, as shown and designated on the Subdivision Plat, Woodsdale Hilltop Plaza, recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book 5 at page 43.
Together with an easement for ingress, egress, and extension of utilities over, under, along and upon the road to the hereinbefore described real property from National Road (U.S. Route 40) as set forth on the final Subdivision Plan, Woodsdale Hilltop Plaza, which is of record in the Office of the Clerk of the County Commission of Ohio County in Plat Book 5 at page 43.
PARCEL TWO:
Being a small parcel of land that adjoins the northeasterly side of Lot Number 1 on the Subdivision Plat of Woodsdale Hilltop Plaza, recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book 5 at page 43, and being further described as follows:
Beginning at a point on the northeasterly line of aforesaid Lot, from which the northeast corner thereof bears North 37 degrees 35 minutes 42 seconds West 46.55 feet; thence with the northeasterly lines of said Lot the following two (2) courses and distances:
1. South 37 degrees 35 minutes 42 seconds East 12.35 feet to a point;
2. Thence South 49 degrees 51 minutes 28 seconds East 71.72 feet to point; thence leaving said lines, North 36 degrees 08 minutes 30 seconds West, 81.78 feet to a point; thence South 54 degrees 39 minutes 54 seconds West 17.32 feet to the place of beginning; containing 802 square feet (0.0184 of an acre).
Being the same property that was conveyed to Garrison Wheeling Propco LLC by Wheeling National Road Limited Liability Company, by deed dated October 17, 2014, and recorded in Ohio County Deed Book 881, at page 353.
Tax District: 10; Tax Map: W39; Parcel: 142.3
Tax District: 10; Tax Map: W39; Parcel: 142.4
Property Address: 908 National Road, Wheeling, WV 26003.
The terms of the sale will be as follows: Cash in hand on the day of sale. Sale of said property will be made subject to: (1) All prior exceptions, reservations, rights of ways easements, conditions, covenants, restrictions, leases and other servitude’s of record if any pertaining to said real estate: (2) any and all unpaid taxes assessed against said property: (3) The subject property will be sold in “as is” condition: (4) The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property: (5) The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (expressed or implied) in the form prescribed by West Virginia Code Chapter 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed.
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 Trustee reserves the right to reject any or all bids. Additional terms and conditions shall be announced at the sale.
Any sale hereunder in which the property is encumbered by Federal Tax Liens will be subject to the 120 day redemption period pursuant to 26 U.S.C.A. Section 7424(d).
Given under my hand this 2nd day of November, 2023. /s/ Andrew R. Thalman, Substitute Trustee
For information regarding sale, contact:
Andrew R. Thalman, Esquire, Counsel for Trustee
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. Nov. 16, 23