NOTICE OF
SUCCESSOR TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Credit Line Deed of Trust and Security Agreement dated February 23, 2012, made, executed and granted by INDIAN POINT PROPERTIES LLC, a West Virginia limited liability company, to BB&T COLLATERAL SERVICE CORPORATION, a West Virginia corporation, as Trustee for the benefit of BRANCH BANKING AND TRUST COMPANY, as beneficiary, and recorded in the office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed of Trust Book 892, at page 321, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated November 26, 2018, and recorded in the aforesaid Clerk’s office in Deed of Trust Book 1036, at page 646, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, the undersigned Successor Trustee will sell at public auction to the highest bidder on
Wednesday, June 19, 2019, at 12:00 p.m.
at 200 Ruth Avenue, Wheeling, West Virginia 26003, the following described real estate:
The following described tracts of land, having Tax Map Number 1A, Parcel Numbers 137, 139, 140, and 140.1, together with improvements and the appurtenances thereunto belonging, situate in Marshall County, West Virginia, and being more particularly bounded and described as follows, to-wit:
TRACT I: Lots Number 108, 109, 110, 111, 112 and 113 in the plat of “Mozart Terrace” Subdivision of part of Charles H. Kettler Farm, a plat of which Addition is recorded in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 114, Pages 180 and 181; subject, however, to the building line which is shown and established on said plat excepting the coal underlying said property which is not hereby conveyed. There is also excepted from the conveyance so much of Lot No. 108 as was conveyed to the National Gas Company of West Virginia, by Deed dated October 25, 1906, and described as follows: all the certain part of portion of Lot 108 situate in the County of Marshall and State of West Virginia, near the boundary line between Ohio and Marshall Counties, and more particularly described as follows: ten (10) feet square off of the northwest corner of Lot Number 108 in the above mentioned Addition, the same to be used as gas regulator station, and in the event of said piece of land being used for any purpose the same shall revert and bested in feet to the holder and owner of the remaining portion of said Lot No. 108.
TRACT II: Lots Number 114, 115 and 116 in the “Plat of Mozart Terrace” Subdivision of part of Charles H. Kettler Farm, a plat of which Addition is recorded in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book No. 114, Pages 180 and 181, subject, however, to the building line which is shown and established on said plat, and excepting the coal underlying said property which is not hereby conveyed.
TRACT III: The following described lot or parcel of land situate in Union District, Marshall County, West Virginia, that is to say: A Lot Numbered 117, as shown on the plat of Mozart Terrace which said plat is of record In the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book No. 114, at Page 180.
Lots Numbered 118, 119 as shown on the plat of Mozart Terrace, a copy of said plat is of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book No. 114, at Page 180.
TRACT IV: The following described property, together with any and all improvements, appurtenances and hereditaments thereto appertaining, to wit:
Lots Numbered 120 and 121 as shown on the plat of Mozart Terrace, which said plat is of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book No. 114, at Page 180.
This conveyance is, however, subject to the exceptions, reservations, covenants, conditions, restrictions and easements, if any, granted by or acquired from the party of the first part and its predecessors in title to said land.
Being the same property conveyed to Indian Point Properties, LLC, by Matthew J. McGovern and Michael J. McGovern by Deed dated the 15th day of January, 2009, and recorded in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 676, page 172.
Subject to all existing reservations and easements created in prior Deeds in the chain of title to the property hereby conveyed.
The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described herein; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status, or national origin is hereby deleted to the extent such restriction, covenant, or condition violates 42 U.S.C. Section 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property, for which the purchaser will be responsible. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any.
TERMS OF SALE:
1. A buyer’s premium equal to five percent (5{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the successful bid (“Buyer’s Premium”) will be added to the successful bid amount to determine the contract sale price (the “Contract Sale Price”).
2. Cash in hand on the day of sale. The successful bidder shall tender a deposit equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the Contract Sale Price to the Successor Trustee by certified or cashier’s check or electronic fund transfer payable to the Successor Trustee at the time of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the contract sale price must be paid to the Successor Trustee by certified or cashier’s check or electronic fund transfer no later than thirty (30) days after the date of sale.
3. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the property, the Contract Sale Price, and the purchaser’s agreement to comply fully with its terms. Time is of the essence.
4. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Successor Trustee’s sole discretion, the Successor Trustee will either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages, (b) convey the property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the property pursuant to the aforesaid Credit Line Deed of Trust and Security Agreement.
5. The beneficiary of the aforesaid Credit Line Deed of Trust and Security Agreement and the holder of the note(s) thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
6. The property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
7. The Successor Trustee reserves the right to accept or reject any bids.
8. The property will be sold subject to any and all assessments and taxes against said property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.
9. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code Section 11-22-2.
10. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the property.
11. The subject real property will be sold in “AS IS” condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition of the real estate, fitness of the property for any particular purpose, or the title to the real estate to be conveyed. Prospective purchasers must perform such independent investigations with respect to the property as they deem necessary prior to bidding on the property.
12. 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 Section 38-1-6 upon receipt of the Contract Sale Price in good and available funds.
13. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the property, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Successor Trustees. If the validity of the sale is challenged by a party in interest, the Successor Trustee, in his or her sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy.
14. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject real property to vacate said property. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the subject real property may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code Section 38-1-16.
15. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the subject real property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code Section 38-1-17, to the extent such statute applies.
16. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above.
17. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale or the property, including, but not limited to, these Terms of Sale.
Given under my hand this 9th day of May 2019.
/s/ Carl H. Cather, III
CARL H. CATHER, III
Successor Trustee
Spilman Thomas
& Battle, PLLC
PO Box 615
Morgantown, WV 26507-0615
(304) 291-7920
11786566 [014032.1641]
Int. May 29, June 5, 2019