20355 May 29; June 5,12
NOTICE OF TRUSTEES SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust and Security Agreement dated December 1, 2020, made, executed, and granted by DAVID WAYNE ENTERPRISES INC., a West Virginia corporation, to CARL H. CATHER, III, as Trustee for the benefit of OTTO PROPERTIES, LLC, a West Virginia limited liability company (the Secured Party), and recorded in the office of the Clerk of the County Commission of Monongalia County, West Virginia (the Clerks Office), in Deed of Trust Book 2400, at Page 184 (the Deed of Trust), 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, and further pursuant to the authority granted to the undersigned by the Deed of Trust, the undersigned Trustee will sell the following described real estate which is purported to have an address of 510 Burroughs Street, Morgantown, West Virginia 26505 (the Real Estate), at public auction to the highest bidder on
Monday, June 15, 2026, at 11:00 a.m.
on the steps of the Monongalia County Courthouse located at 243 High Street, Morgantown, West Virginia 26505:
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Seventh Ward of the City of Morgantown, Monongalia County, West Virginia, more particularly bounded and described as follows, to-wit
Tract One:
BEGINNING at a point being a drill hole in concrete walk (set) along Burroughs Street and the Northwest
corner of Lot 1 of Vintner Reserve Subdivision as shown on a plat for Vintner Reserve Subdivision,
prepared by Frank W. Williams, dated April 25, 2008, revised on May 13, 2008, and recorded in Map
Cabinet 5, Envelope 39A, thence with three (3) lines in common with said Lot No. 1, S. 6° 19′ 19″
E. 45.57 feet to a point; thence S. 24° 18′ W. 107.91 feet to a point; thence S. 9° 51′ 19″ E. 52.88 feet to
a point, being the Southwest corner of Lot No. 1; thence leaving Lot No. 1, S. 80° 08′ 41″ W. 40.00 feet
to a ½ inch rebar (set); thence N. 17° 25′ 40″ W. 197.37 feet to a masonry nail in concrete walk (set);
thence along Burroughs Street, N. 83° 40′ 41″ E. 129.65 feet to a point being the point of beginning,
containing 0.3646 acre, more or less, and further identified on the aforesaid plat as “Reserved for Future
Development (not part of Vintner Reserve Subdivision)”.
Tract Two:
Beginning at a masonry nail in a concrete walk (set) on the southern right-of-way line of Burroughs Street,
a thirty (30) foot street, shown on a drawing of Vintner Reserve Subdivision (Map Cabinet 5 Envelope
39-A) as a corner common to lands of Vintner Reserve, LLC (Deed Book 1361, Page 492) and lands of
Unity House Apartments, Inc. (Deed Book 1156, Page 85); thence with said Burroughs Street right-of-way
line, N. 83° 40′ 41″ E. (N. 87° 48′ E. Koontz Heirs Plan of Lots), 4.94 feet to a point; thence through the
lands of said Vintner Reserve, LLC, with the eastern line of an apparent overlap shown on said drawing
of said Vintner Reserve Subdivision, S. 17° 25′ 40″ E. 197.06 feet to a point on line of lands of Suburban
Lanes, Inc. (Deed Book 1221, Page 457); thence with the lands of said Suburban Lanes, Inc., S. 80° 08′
41″ W. (S. 84° 16′ W. Koontz Heirs Plan of Lots), 4.90 feet to a 5/8 rebar (set), shown on the drawing of
Vintner Reserve Subdivision as a corner common to lands of Vintner Reserve, LLC and Unity House
Apartments, Inc; thence with same, S. 80° 08′ 41″ W. (S. 84° 16′ W. Koontz Heir Plan of Lots), 21.70 feet
(26.59 feet in all) to an angle iron (fnd); thence through the lands of Unity House Apartments, Inc., with a
new division line, N. 33° 53′ W. 18.91 feet to a 5/8″ rebar (set), thence by same, crossing, along the face
of, and re-crossing a concrete retaining wall, N. 15° 04′ W. 178.28 feet to a 5/8″ rebar (set); thence by
same, N. 15° 04′ W. 2.06 feet (180.34 feet in all) to a point on a concrete walk on the southern
right-of-way line of Burroughs Street; thence with said Burroughs Street right-of-way line, N. 84° 40′ 41″
E. (N. 87° 48′ E. Koontz Heirs Plan of Lots), 19.81 feet to the point of beginning, containing 0.1277 acres
(5,561 square feet), more or less, as shown on a plat dated January 25, 2013, prepared by Williams
Engineering Company.
Being the same real estate conveyed to David Wayne Enterprises Inc., a West Virginia corporation, from Otto Properties, LLC, a West Virginia limited liability company, by deed bearing date the 1st day of December 2020, and of record in the Clerks Office, in Deed Book No. 1721, at Page 740.
Additionally, there shall be included in the public auction various items of tangible personal property located at or upon the Real Estate (Tangible Personal Property, and together with the Real Estate, the Property), including but not limited to Furniture, Equipment, Inventory, Accounts, Instruments, Documents, Chattel Paper and other rights to Payment, General Intangibles, and Plans and Drawings, in which the Secured Party holds a security interest pursuant to and as further described in the following:
1. That certain Security Agreement dated December 1, 2020, made and executed by David Wayne Enterprises Inc., a West Virginia corporation, in favor of the Secured Party;
2. That certain UCC-1 financing statement filed in the office of the West Virginia Secretary of State (the Secretary of States Office) on December 3, 2020, and assigned file number 2020E120300036, which UCC-1 was refiled on May 8, 2026 and assigned file number 2026E050800013;
3. That certain Fixture Filing of record in the Clerks Office Trust Deed Book 2400, at Page 315 and additionally recorded in Trust Deed Book 2695, at Page 802.
NOTE: This information is provided for informational purposes only. The information contained herein has been obtained from sources deemed reliable and neither the Trustee nor the Secured Party has actual knowledge of any fact that would cause the Trustee or Secured Party to believe that any of the above information is inaccurate; however, neither the Trustee nor the Secured Party guarantee the accuracy or completeness of the information contained herein, including, but not limited to the equipment description, quantity, or condition, and no express or implied warranty is made or may be inferred from the inclusion of the information contained herein. Neither the Trustee nor the Secured Party make any representation as to whether any of the items of Tangible Personal Property listed above remains at the Real Estate or is in operational condition. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the Property.
The parties obligated on the debt secured by the Property are entitled to an accounting of the unpaid indebtedness secured by the Property that is intended to be sold. Such parties may request an accounting by contacting the undersigned Trustee at (304) 291-7925.
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 Real Estate, and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Real Estate; 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. § 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Real Estate, for which the purchaser will be responsible. The 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. Cash in hand on the day of sale. The successful bidder shall tender to the Trustee on the day of sale a deposit in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) by certified or cashiers check payable to Carl H. Cather, III, Trustee. Such deposit is NON-REFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the purchase price must be paid to the Trustee by certified or cashiers check or electronic funds transfer no later than 5:00 p.m. EDT on Wednesday, July 15, 2026.
2. Upon conclusion of the sale of the Property, a Memorandum of Sale will be executed confirming the sale of the Property, the purchase price, the Terms of Sale, and the purchasers agreement to comply fully therewith. Time is of the essence.
3. If the purchaser fails to deliver the purchase price within the prescribed time, at the Trustees sole discretion, the Trustee may 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 above-described security instruments. In the event of such a default, the defaulting purchaser shall forfeit his, her or its deposit and shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys fees, all other charges due, and incidental damages. In the event that a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.
4. The Secured Party reserves the right to bid on the Property at the sale, which bid may be in the form of a credit bid. The Secured Party shall not be required to post a deposit.
5. The Real Estate may be sold either as a whole or in parcels in the Trustees sole discretion.
6. The Trustee reserves the right to accept or reject any bids.
7. The Property will be sold subject to any and all assessments and taxes against the Property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Services right of redemption, if any.
8. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property.
9. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2 and all other settlement costs and costs incidental to transfer of the Property. Taxes and all other public charges and assessments outstanding against the Property shall be paid by purchaser at settlement.
10. The Real Estate is being sold in AS IS condition. The Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition or zoning of the Real Estate, fitness of the Real Estate 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 Real Estate as they deem necessary prior to bidding on the Real Estate.
11. The purchaser is responsible for, and the Real Estate is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Real Estate and to any governmental requirements affecting the same. The Real Estate will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics and materialmens liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the aforesaid Deed of Trust, if any, lawfully affecting the Real Estate, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Real Estate.
12. The Trustee will deliver a trustees deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code § 38-1-6, and the Secured Party will transfer the Tangible Personal Property by bill of sale without any covenant or warranty (express or implied) upon receipt of the full purchase price in good and available funds.
13. If the Trustee fails, refuses or for any reason is unable to convey title to the Real Estate, or if the Secured Party fails, refuses, or for any reason is unable to transfer the Tangible Personal Property, the sole remedy of the purchaser is the return of any deposit actually paid by the purchaser to the Trustee. 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 secured by the Real Estate without the knowledge of the Trustee. If the validity of the sale is challenged by a party in interest, the Trustee, in his sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy.
14. The Trustee shall be under no duty to cause any existing tenant or person occupying the Real Estate to vacate. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the Real Estate may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code § 38-1-16.
15. The Trustee shall be under no duty to cause any items of personal property remaining at the Real Estate 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 § 38-1-17, to the extent such statute applies.
16. The Trustee reserves the right to (i) modify or waive the requirements for bidders deposits and terms of sale and/or settlement, (ii) withdraw the Real Estate from sale, (iii) reject any and all bids, and (iv) to adjourn the sale of the Real Estate 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 of the Property, including, but not limited to, these Terms of Sale.
Given under my hand on May 13, 2026.
CARL H. CATHER, III
Trustee
Spilman Thomas & Battle, PLLC
P. O. Box 615
48 Donley Street, Suite 800
Morgantown, West Virginia 26501
(304) 291-7920
Sponsored by ZMM Architects and Engineers