NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed March 19, 2015, of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Trust Deed Book 2938, at page 598 (the “Deed of Trust”), made by Capital Meats, Inc. (“Grantor”) to BB&T Collateral Service
Corporation, in its capacity as Trustee (the “Original Trustee”), predecessor in interest to Ian G. Henry and Paige K. Vagnetti (the “Substitute Trustees” or “Trustees”), in favor of Truist Bank (f/k/a Branch Banking and Trust Company) (the “Beneficiary”). The Substitute Trustees were appointed in the
Original Trustee’s place and stead, by instrument recorded in the aforesaid Clerk’s Office in Trust Deed Book 3522, at page 696. The Deed of Trust authorizes the Substitute Trustees to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustees having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder,
the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon
(the “Real Estate”) on:
AUGUST 27, 2020,
AT 12:00 P.M., AT
351 NORTH MAPLE AVENUE,
MARTINSBURG,
WEST VIRGINIA 25401
REAL ESTATE DESCRIPTION:
Being two parcels of land situated in the City o
f Martinsburg, lying on North Maple Ave., and the Tuscarora Creek.
The properties are known as Tax Map 10 Parcels 509 and 543, as shown on a plat prepared by Alpha
Associates, Inc. dated
October 1, 2014.
Tract 1
Beginning at a point in a fence line, said point being S 73* 54′ 59″ E, 59.41′ from a rebar found, on Tract 2 at the end of a chain link fence that adjoins with the property of Charles Connolly and Rebecca Frye, and once owned by CSX Transportation, thence; running with the same line, S 73* 54′ 59″ E, 46.04′ to a sanitary manhole thence;
S 07* 19′ 18″. E, 230.27′ to a sanitary manhole thence;
S 30* 55′ 01″ W, 252.59′ to a sanitary manhole thence;
S 25* 04′ 20″ W, 14.92′ to a capped rebar set thence;
N 72* 21′ 27″ W, 73.07′ to a point in the edge of
concrete thence;
N 86* 18′ 40″ E, 468.25′ along the face of the existing building to the point of beginning, containing 1.0710 acres more or less, as shown on a plat prepared by Alpha
Associates Inc. dated
October 1, 2014.
Tract 2,
Consisting of 2 Parts
Tract 2 Part 1
Beginning at a found rebar, at the end of a chain link fence that adjoins the property owned by Charles Connolly and
Rebecca Frye and once owned by CSX Transportation, thence;
5 73* 54′ 59″ E, 59.41′ to a point in a fence and is also the point of beginning for Tract 1, thence;
S 86* 18′ 40″ W, 468.25′ along the face of an existing building to a point in Tract 1, thence;
S 72* 21′ 27″ E, 73.07′ to a capped rebar set for Tract 1 thence;
S 38* 10′ 04′ W, 181.77′ to a capped rebar set thence;
S 54* 19′ 47″ E, 38.25′ to a point near the creek thence; running with the creek,
S 28* 28′ 26″ W, 103.40′ to a point in the creek thence;
S 72* 28′ 48″ E, 20.62′ to a point in the right of way line of Exchange Place and corner to Eric Westergard (DB: 902 pg. 138) thence;
S 85* 22′ 32″ W, 10.81′ to a point in the creek and in right of way of North Maple Ave., thence;
S 29* 03′ 44″ W, 214.19′ to a point in the concrete and the right of way line of North Maple Ave., near a stone wall thence; with the line of GHRT Investments (DB: 501 pg. 55),
N 48* 02′ 14″ W, 132.12′ to an iron pipe found, corner of Calvin Kief and passing through a point in the line of Rex W, Rinker at 92.06′ thence; with the line of Kief,
N 17* 57′ 22″ E, 31.50′ to a capped rebar set at the Kief corner thence;
N 59º 45″ 33″ W, 129.26′ to a capped rebar set, in the eastern right of way line of Boyd Avenue, thence; running with the right of way of Boyd Avenue,
13* 31′ 08″ E, 150.83′ to a capped rebar set and corner to Gideon Properties L.L.C. thence; S 76* 42′ 23″ E, 120,00′ to a capped rebar set thence;
13* 18′ 17″ E, 80.00′ to a capped rebar set and corner to Robert Allen Jr. and Amy L. Allen (DB: 983 pg. 560) thence; running with a 30′ right of way (DB: 131 pg. 471),
5 76* 42′ 23″ E, 58.00′ to a capped rebar set thence; running with a 15′ alley (DB: 131 pg. 471),
13* 37′ 11″ E, 729.98′ to a capped rebar set in the line of Michael Plant (DB: 465 pg. 588) thence;
S 76* 22′ 49″ E, 6.14′ to a capped rebar set thence; with a rear line of Michael Plant,
12* 47′ 37″ E, 50.44′ to an axle found and corner to Michael Plant and Charles Connolly (DB: 765 pg. 521) thence; with the Connolly line,
S 76* 57′ 43″ E, 61.25′ to a rebar found and a corner to Connolly thence; continuing with Connolly,
S 14* 33′ 33″ W, 176.72′ to the point of beginning, being more or less 3.6031 acres.
Tract 2, Part 2
Beginning at a point S 07* 19′ 18″ E, 88.31′ from a sanitary manhole, corner to Tract 1, thence;
N 84* 45′ 57″ E, 1.75′ to a rebar found thence;
S 12* 28′ 48″ E, 168.30′ to a point in the Tuscarora Creek thence; with said creek,
S 14*31’12” W, 20.00′ to a point in the Tuscarora Creek thence; leaving said creek,
5 28* 06′ 12″ W, 57.75′ to a point thence;
73* 31’12’ W, 42.90′ to a point thence;
S 52* 31′ 12″ W, 23.43′ to a point, in the third line of Tract 1, thence; with the line of Tract 1
N 30* 55′ 01″ E, 112.59′ to a sanitary manhole; thence continuing with Tract 1,
N 07* 19′ 18″ W, 141.96 to the point of beginning, being 0.1152 acres more or less.
Total acreage for Tract 2, Part 1 and Part 2 is 3.7183 acres,
more or less.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in the Trustee’s opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid.
The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Berkeley County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Substitute Trustees, Ian G. Henry and Paige K. Vagnetti, at Dinsmore & Shohl LLP, 707 Virginia St. E., Ste. 1300, Charleston, West Virginia 25301 (304) 357-9932. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
Given under my hand this 31st day of July, 2020.
Ian G. Henry, Substitute Trustee
Paige K. Vagnetti,
Substitute Trustee
Dinsmore & Shohl LLP
* Legal Counsel
707 Virginia St. E.,
Ste. 1300
Charleston,
West Virginia 25301
Phone (304) 357-9932
Fax (304) 357-0919