Legal 3X11-1/2”
0113 0120
NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Successor Trustees, by virtue of the authority vested in them by a Deed of Trust dated September 24, 2014, and duly recorded in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, Trust Deed Book 737, at page 422, (the “Deed of Trust”), Grantors, CENTER DESIGNS, LLC, a Georgia Limited Liability Company, and RETAIL DESIGNS, LLC, a Florida Limited Liability Company, did convey to William D. Goodwin, as Trustee, part of that certain real property described in the Deed of Trust, the lender, secured party, and beneficiary, Carter Bank & Trust, thereunder having appointed Mark A. Sadd and D. Kevin Moffatt, as Successor Trustees, to act jointly or individually, by an Appointment of Successor Trustees, dated December 5, 2017, and recorded in the Clerk’s office in Trust Deed Book 788, at page 661; and default having occurred under the Deed of Trust, and the Lender, Secured Party and Beneficiary, Carter Bank & Trust, having instructed the undersigned Successor Trustees to foreclose thereunder, will offer for sale at public auction to the highest bidder at the front door of the Courthouse of the County of Greenbrier, in Lewisburg, West Virginia, on
Thursday, February 8, 2018
at 9:00 a.m.
Being that certain tract or parcel of real estate, together with all buildings and improvements thereon, easements, rights of way, and appurtenances, thereunto belonging, situate in Rainelle Corporation, Greenbrier County, West Virginia, on the North side of Kanawha Avenue (U.S. Route 60), and west of Chestnut Street, being more particularly bounded and described as follows:
Beginning at a 3/4 inch iron pipe set on the north right-of-way line of Kanawha Avenue and a corner to Ralph D. Williams (DB 423, PG 247); thence leaving Kanawha Avenue and with the line of Williams, N 01-31-08 W 485.25 feet to a 3/4 inch iron pipe set on the corner of Williams and on the line of Jerry L. Lively (DB 430, PG 899) and said point bears N 80-44-53 E at a distance of 31.26 feet from a marked 26 inch white oak; thence leaving the property of Williams and with the line of Lively, N 80-44-53 E 466.96 feet to a railroad spike found by a 2-1/2 inch iron pipe, and a common corner to Lively and Georgia Pacific Timber Co. (DB 156, PG 462); thence leaving the property of Lively and with the line of Georgia Pacific Timber Co., S 14-58-48 E 313.00 feet to a point on the west edge of a 10 foot wide power line right-of-way and a corner to Georgia Pacific Timber Co.; thence leaving the property of Georgia Pacific Timber Co. and with the west edge of a 10 foot wide power line right-of-way, S 13-09-13 E 147.44 feet to a railroad spike set on the north right-of-way line of Kanawha Avenue and on the west edge of a 10 foot wide power line right-of-way; thence leaving said power line right-of-way and with the north right-of-way line of Kanawha Avenue (U.S. Route 60), S 74-45-59 W 228.91 feet to a point on the north right-of-way line of Kanawha Avenue; thence continuing with the north right-of-way line of Kanawha Avenue, S 79-23-59 W 243.86 feet to a point on the north right-of-right line of Kanawha Avenue; thence continuing with the north right-of-way line of Kanawha Avenue (U.S. Route 60), S 84-49-58 W 102.34 feet to the beginning, and containing 5.750 acres, more or less, as surveyed by Greenbrier Surveying in June 1997, and shown as Tracts 1, 2 and 3 on a plat prepared by Greenbrier Surveying.
AND BEING the same real estate conveyed to Center Designs, LLC, a Georgia limited liability company, by Center Designs, Inc., a Georgia corporation, by Deed dated January 2, 2001, recorded January 2, 2001, in the Office of the Clerk of Greenbrier County, West Virginia, in Deed Book 468, at page 295.
TERMS OF SALE
1. Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) due on day of sale, balance due within 30 days.
2. The sale of the foregoing real property will be made subject to all exceptions, reservations, rights-of-way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to the real estate, subject to all matters disclosed by an examination and inspection of the property, and to any further matters announced at the sale.
3. The property is sold subject to an accurate survey at the purchaser’s expense.
4. The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority of the deed of trust referred to herein.
5. The sale is subject to any and all assessments and unpaid taxes against the real property, and all prior liens and encumbrances of any nature whatsoever.
6. The purchaser shall pay the excise transfer tax imposed by W.Va. Code §11-22-2.
7. The Successor Trustees reserve the right to adjourn the sale for a time, or from time to time, without further notice by announcement at the time and place of the sale described above or any adjournment thereof.
8. The real property will be sold in “as is” condition. The Successor Trustees will have no duty to cause any tenant or person occupying the real property to vacate. The Successor Trustees will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W.Va. Code §38-1-6.
9. The Successor Trustees makes no representations and warranties about the title of the real estate to be conveyed.
10. If there is one or more Federal tax liens against the real property, the United States will have the right to redeem the real property within a period of 120 days from the date of the sale or the period allowed for redemption under state law, whichever is longer.
11. The lender, secured party or beneficiary reserves the right to purchase the real property at the sale.
Given under our hands this 4th day of January, 2018.