Trustee Sale

NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a certain deed of trust (the “Deed of Trust”) dated August 29, 2007 made by Jaydes Lounge LLC, to Dean C. Ramsey and Patrick D. Deem, Trustees, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book No. 905, at page 465 to secure WesBanco Bank, Inc., (“WesBanco”) in the payment of the sum of $102,342.00, evidenced by a promissory note bearing even date therewith, and WesBanco being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Christopher R. Arthur and/or Ashley Saville-Amtower (the “Substitute Trustees”), were so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustees having been requested in writing so to do by WesBanco, owner and holder of said note, said Substitute Trustees, on
TUESDAY, MARCH 25, 2015 AT 10:30 A .M. EASTERN TIME
will offer for sale and sell at public auction at 5007 Freedom Highway, Enterprise, West Virginia, to the highest bidder therefore, which is comprised of all of their right, title and interest, in and to all of that certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Bingamon Juntion, Lincoln District, Marion County, West Virginia, and more particularly designated and described as:
FIRST PARCEL: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate near Bingamon Junction, Lincoln District, Marion County, West Virginia, more particularly bounded and described as follows:
BEGINNING at an iron pipe marker in the eastern right of way line of U. S. Route 19, a corner with Osbourn; thence with a line of said Osbourn, N. 39º 15’ E. 98 feet to an iron pipe marker in the Monongahela West Penn Public Service western right of way line; thence with three lines of said right of way with a curve to the left 58.5 feet to a point; thence N. 39º 30’ W. 113 feet to a point; thence with a curve to the right 169.1 feet to an iron pipe marker in the eastern right of way line of the aforementioned U. S. Route 19; and thence with said road line, S. 13º E. 399.1 feet to the place of beginning, containing 0.24 of an acre, more or less.
SECOND PARCEL: All that certain lot or parcel of land situate near Bingamon Junction, Lincoln District, Marion County, West Virginia, described as follows:
BEGINNING at the southeasterly point of a 0.24 acre parcel conveyed to Route 19 Enterprises, Inc. by deed dated April 6, 1994, of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 916, at page 944, and further as depicted on a plat or map of record in Deed Book No. 812, at page 1084, and further being an iron pipe marker in the Monongahela West Penn Public Service western right of way line; thence with three lines of said 0.24 acre parcel and said western right of way with a curve to the left 58.5 feet to a point; thence N. 39º 30’ W. 113 feet to a point; thence with a curve to the right 169.1 feet to an iron pipe marker in the eastern right of way line of U. S. Rout 19 and being 35 feet from the center line of the said Public Service right of way at Station 560+00 as depicted on a plat or map of record in the aforesaid Clerk’s office in Deed Book No. 836, at page 246; thence southeasterly along a line perpendicular to the said center line 70 feet to a point in the eastern public service right of way line; thence with three lines of said eastern right of way and parallel to the above three lines and being a curve to the left 169.1 feet to a point; thence S. 39º 30’ E. 113 feet to a point; thence with a curve to the right 58.5 feet to a point in the said eastern right of way; thence S. 39º 15’ E. 70 feet to the place of beginning.
The sale of said property will be made subject to all exceptions, encumbrances, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Joe R. Pyle Auction Service will assist with the sale. 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 Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
Dated: February 5th, 2015.
Christopher R. Arthur, as Substitute Trustee
Steptoe &
Johnson PLLC
1085 Van Voorhis Road,
Suite 400
Morgantown
West Virginia
26505
Times: March 4, 11, 2015