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 April 2, 2015, made, executed and granted by TIMOTHY DAVIS and ANISSA DAVIS to BB&T COLLATERAL SERVICE CORPORATION, a West Virginia corporation, as Trustee for the benefit of BRANCH BANKING AND TRUST COMPANY, now TRUIST BANK, a North Carolina banking corporation, as beneficiary (the “Beneficiary”), and recorded in the office of the Clerk of the County Commission of Barbour County, West Virginia, in Deed of Trust Book 383, at Page 390 (the “Deed of Trust”), and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated March 16, 2020, and recorded in the aforesaid Clerk’s office in Deed of Trust Book 431, at Page 205, 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
Thursday, June 25, 2020, at 2:00 p.m.
at the main entrance of the Courthouse of Barbour County, West Virginia, located at 26 North Main Street, Philippi, West Virginia 26416, the following described real estate (the “Property”):
(Map 1 Parcel 7- Barbour)
All that certain tract or parcel of land situate on the waters of Stone Coal Run, Elk District, Barbour County, West Virginia further described as follows:
On the south by lands of Cletus Stout; on the north by the county road; on the east by land of J.N. Bartlett; and on the west by the county road and containing 50 acres, more or less.
There is excepted and reserved from this conveyance a tract of real estate situate in Elk District of Barbour County, West Virginia more particularly bounded and described as follows:
Beginning at the southernmost corner of the Bonard Hudkins heirs 50 acre tract on the county road; thence with the road N. 12* E. 350 feet; thence leaving the road and with two lines of the said 540 acre tract S. 81* E. 250 feet and N. 43* E. 225 feet; thence a line of division S. 50* E. 440 feet to the outer boundary of said tract; thence two lines of said tract S. 13* W. 650 feet and N. 49* W. 832 feet to the point of beginning, containing 10 acres, more or less, by the boundary and not by the acreage.
Being the same property conveyed to Grantor by a Deed recorded in Deed Book 456, at page 174.
Grantors further Grant and Convey to Grantee any and all right, title and interest they may have to any rights of ways or easements incident to their ownership of the above described real estate.
This conveyance is made subject to all valid reservations, exceptions, restrictions, conditions, easements or other servitudes, if any, provided or created in prior instruments of record pertaining to the property hereby conveyed.
The Property is further described in that certain Corrective Deed dated January 4, 2013 of record in the Barbour County Clerk’s Office in Deed Book 456, at Page 614, as follows:
All that certain tract or parcel of land situated on the waters of Stone Coal Run, Elk District, Barbour County, West Virginia, further described as follows:
Beginning at a 5/8 inch iron rod on the ridge, corner to Robert Dawson and Dino Columbo, thence with Columbo for the next four lines; S. 54* 05′ W. 464.81 feet to a 5/8 inch iron rod; thence S. 76* 29′ W. 929.44 feet to a 5/8 inch iron rod; thence N. 41* 16′ W. 757.62 feet to a 5/8 inch iron rod; thence N. 62* 13′ E. 116.66 feet to a 1/2 inch iron rod corner to Columbo and James Davis; thence with Davis for the next three lines: S. 44* 39′ E. 533.32 feet to a 1/2 inch iron pipe; thence N. 18* 07′ E. 650.00 feet to a 1 inch iron pipe; thence N. 36* 46′ W. 440.00 feet to a 1/2 inch iron pipe corner to Davis and Amber Anderson; thence with Anderson for the next seven lines; N. 55* 08′ E. 21.57 feet to a 5/8 inch iron rod; thence N. 41* 53′ E. 107.63 feet to a 5/8 inch iron rod; thence N. 68* 54′ E. 244.94 feet to a 5/8 inch iron rod; thence N. 73* 34′ E. 198.00 feet to a 5/8 inch iron rod; thence N. 3* 48′ W. 81.84 feet to a 5/8 inch iron rod; thence N. 86* 48′ E. 153.00 feet to a 5/8 inch iron rod; thence N. 48* 44′ E. 375.10 feet to a 5/8 inch iron rod on the ridge, corner to Anderson, Eric Hudkins, and Robert Dawson; thence with Dawson for the next three lines; S. 0* 02′ W. 219.78 feet to a 5/8 inch iron rod; thence S. 39* 10′ E. 655.88 feet to a 5/8 inch iron rod; thence S. 1* 10 E. 570.90 feet to the beginning and containing 37.432 acres, more or less as shown on a plat recorded in the Office of the Clerk of the County Commission of Barbour County, West Virginia in Deed Book No. 456, at page 617.
There is further granted and conveyed a right of way along the existing road from County Route 16 across James Davis’s 9.41 acre tract to the above described tract of land, as shown on said plat. Said right of way being omitted from the previous conveyance of the above described tract or parcel of land of real estate due to a Scrivener’s error.
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; 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. Cash in hand on the day of sale. The successful bidder shall tender a deposit equal to ten percent (10%) of the successful bid amount (such successful bid amount being referred to herein as 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. Time is of the essence.
2. 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.
3. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Successor Trustee’s sole discretion, the Successor 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 Deed of Trust. In the event of such a default the defaulting purchaser 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 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 Beneficiary reserves the right to bid on the Property at the sale, which bidding may be by credit bid.
5. The Property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
6. The Successor 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 Service’s right of redemption, if any.
8. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code section 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 closing.
9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property.
10. The Property is 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 or zoning 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.
11. The purchaser is responsible for, and the Property 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 Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the secured party’s deed of trust, if any, lawfully affecting the Property, 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 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 Trustee. 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 Property to vacate. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the 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 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 21st day of May 2020.
/s/ Carl H. Cather III
CARL H. CATHER III
Successor Trustee
Spilman Thomas & Battle, PLLC
48 Donley Street, Suite 800
Morgantown, WV 26501
(304) 291-7920
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