TRUSTEE’S SALE OF VALUABLE COMMERCIAL REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated April 23, 2015, and duly recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 2041, at Page 656, Sleepy Hollow Golf and Country Club, Inc. and Marshall Glenn, II and James S. Glenn and William P. Peacock, Jr. did convey unto Karl J. Keller, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC, as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Jefferson County Courthouse, in Charles Town, West Virginia, on
Monday, October 3, 2016, at 11:00 AM
The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Harpers Ferry District, Jefferson County, West Virginia, and more particularly described as follows:
PARCEL I:
That certain tract or parcel situated in the Harpers Ferry District, Jefferson County, West Virginia, about three miles east of Charles Town, West Virginia, and North of U.S. Route 340, and East of Warm Springs Road and more particularly bounded and described in accordance with a plat thereof made by A. G. Hooper, Jr., C.E. dated August 12, 1961, and recorded with and made a part of the deed hereinafter mentioned as follows:
BEGINNING at a point in the line of Baumgardner (fig. 1 on said plat), which said point is S. 67-25 E. 858 feet from the center line of Baumgardner, said corner being 1,082 feet from the intersection of the center line of said Warm Springs Road with U.S. Route 340; thence by a new line with the land of Glenn N. 1-32 W. 1,662.2 feet to a point (fig. 2); thence continuing with the land of Glenn N. 5-25 E. 163.8 feet to a point (fig. 3); thence N. 13-40 E. 537.2 feet to a point (fig. 4); thence and continuing with the land of Glenn by a new line S. 79-48 E. 1,393.8 feet to a point (fig. 5) in the line with the land of Boyd and then with the line of the land of Morgan S 21-38 W 1,803.4 feet to a point another corner with the land of said Glenn (fig. 6); thence with the land of said Glenn N. 68-22 W. 241.1 feet to a point (fig. 7); thence S. 28-17 W. 709.2 feet to a point (fig. 8) in the line of the land of said Baumgardner; thence with the line of Baumgardner N. 67-25 W. 292 feet to the beginning containing 53.11 acres.
AND BEING the same parcel of real estate that was conveyed unto Sleepy Hollow Golf and Country Club, Inc., a West Virginia Corporation, from Marshall Glenn, et ux., by deed dated September 21, 1961, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 249 at page 268.
PARCEL II:
All of that certain parcel or tract of real estate, together with improvements thereon, situate, lying and being in the Harpers Ferry Magisterial District, Jefferson County, West Virginia, about three miles from Charles Town on the Warm Springs Road (now Country Club Road) originally comprising 224.48 acres, more or less; AND BEING the same property conveyed to Marshall Glenn by deed from Anna B. Riddle, unmarried, dated June 26, 1941, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 154 at page 373, LESS AND EXCEPTING any out sales made by the said Marshall Glenn, his heirs, successors and assigns, including, but not limited to:
1. 0.344 acre conveyed by Marshall Glenn, divorced, to L.P. Hill by deed dated October 3, 1953, and recorded in the aforesaid Clerk’s Office in Deed Book 195 at page 268.
2. 53.11 acres conveyed by Marshall Glenn, et ux., to Sleepy Hollow Golf and Country Club, Inc., by deed dated September 21, 1961, and recorded in the aforesaid Clerk’s Office in Deed Book 249 at page 268 (Parcel I herein)
3. An area of land laid out into lots and streets, known as Sleepy Hollow Estates Subdivision, a plat of which dated May 15, 1962, made by A.G. Hooper, Jr., is recorded in the aforesaid Clerk’s Office in Deed Book 255 at page 322.
4. 0.68 acres conveyed to the West Virginia State Road Commission by Marshall Glenn, et ux., by deed dated August 2, 1966, and recorded in the aforesaid Clerk’s Office in Deed Book 283 at page 196.
5. 0.34 acres taken by the West Virginia Department of Highways pursuant to an Order from the Circuit Court of Jefferson County, West Virginia, in Civil Action No. 1143, dated February 1, 1973, and recorded in the aforesaid Clerk’s Office in Deed Book 354 at page 145.
6. 26.11 acres conveyed to Mary Ann Hammann, et vir., and Walter M. Glenn, et ux., by deed from Alice D. Glenn, Executrix of the Estate of Marshall Glenn, et al., dated March 14, 1986, and recorded in the aforesaid Clerk’s Office in Deed Book 557 at page 38.
7. 4.35 acres conveyed to Georgette W. Glenn, unmarried, by deed dated June 19, 1996, from James S. Glenn, unmarried and Marshall Glenn II and Laura Miller Glenn, husband and wife, and recorded in the aforesaid Clerk’s Office in Deed Book 842 at page 216.
8. 2.0502 acres conveyed to Bellair Homes, LLC, by deed dated July 10, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 977 at Page 490.
9. 3.0519 acres conveyed to Bellair Homes, LLC, by deed dated July 10, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 977 at Page 495.
10. .5636 acres conveyed to Bellair Homes, LLC, by deed dated July 10, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 977 at page 500.
11. 3.53± acres, described for tax purposes, as Tax Map 11 Parcel 10, a portion of the real estate conveyed to Alice S. Glenn, widow, by quitclaim deed dated June 6, 1986, and recorded in the aforesaid Clerk’s Office in Deed Book 557 at page 566.
Leaving an area of land approximately 114 acres, more or less.
TOGETHER WITH that certain right-of-way or easement for pedestrian and vehicular access, more particularly described in a Deed of Easement dated April 20, 2015, to be recorded in the aforesaid Clerk’s Office.
The aforesaid Marshall Glenn died testate on October 12, 1983, and pursuant to the terms of his will recorded in the aforesaid Clerk’s Office in Will Book U at page 49, the property hereinabove described was devised to his widow, Alice S. Glenn. The said Alice S. Glenn, widow, died intestate on June 13, 1991, leaving as her sole heirs at law, her three children, Marshall Glenn, II, Georgette Glenn, and James S. Glenn. The said Georgette Glenn dies testate on April 13, 2003, and pursuant to the terms of her Last Will and Testament, duly probated and recorded in the aforesaid Clerk’s Office in Will Book 6 at page 153, she devised her interest in the aforesaid real estate to William Preston Peacock, Jr.
At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Clubhouse at 1800 Golf Course Dr., Charles Town, WV 25414.
Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the property and the improvements thereon and permitted uses of the property.
The Property is being sold subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property including, without limitation, that certain (a) Credit Line Deed of Trust dated April 3, 2012, given to K. Stephen Morris, Trustee, to secure Jefferson Security Bank, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 1884, at Page 619; and (b) Deed of Trust dated December 9, 2013, given to Karl J. Keller, Trustee, to secure Jefferson Security Bank, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 1986, at Page 274; and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described above. The payoff on the notes secured by the aforementioned Deeds of Trust can be obtained from the Substitute Trustee and will be announced at the time of the sale. The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property. The Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. The Property will be sold subject to any and all assessments and taxes against said Property, and all prior liens and encumbrances of any nature whatsoever, including the Internal Revenue Service’s right of redemption, if any exists.
TERMS OF THE SALE:
An initial deposit of $25,000.00 in certified funds will be required of the purchaser(s) at time and place of Auction Sale. The deposit must be increased to equal ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price no later than 12:00 p.m. (Noon), October 10, 2016 to be paid to the Substitute Trustee by wired funds (the “Additional Deposit”). The initial deposit and Additional Deposit shall be nonrefundable. The balance of the purchase price and all other sums due by purchaser shall be payable by wired funds at Settlement to be held on or before November 3, 2016 Interest is to be paid by the purchaser on the unpaid purchase price at the rate of 5.25 {4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} per annum from the day of Auction Sale to date of Settlement.
The purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code, as well as all other settlement costs and costs incidental to transfer of the Property. Taxes and all other public charges and assessments against the Property shall be paid by purchaser at Settlement. Time shall be of the essence with respect to the payment of the Additional Deposit and all sums due by the purchaser at Settlement. The Substitute Trustee reserves: (1) the right to modify or waive the requirements for bidder’s deposits and terms of sale and/or settlement; (2) the right to withdraw the Property from the sale; (3) the right to cancel or postpone the sale; (4) the right to reject any and all bids. The party secured herein, if a bidder, shall not be required to post a deposit, pay interest, and may bid in the form of a credit bid. If the Substitute Trustee is unable to convey title, the purchaser’s sole remedy in law and in equity shall be limited to a refund of the deposit and the sale shall be considered null and void and of no effect.
Upon conclusion of the sale, the purchaser will be required to execute a Contract of Sale reflecting the purchase price and incorporating the terms of this Notice. If the purchaser fails to deliver the Additional Deposit, the purchase price, and all other sums due at Settlement within the prescribed time, at the Substitute Trustee’s sole discretion, it may declare the deposits forfeited, and in addition to any other legal or equitable remedies available to it, may convey the Property to the next highest bidder if such bidder will honor their bid, or may proceed to resell the Property pursuant to the Deed of Trust. In the event of such a default the defaulting purchaser(s) 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 deposits, 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. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of West Virginia.
The subject Property will be sold in “AS IS” condition. The Substitute Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition, zoning, or use of the Property or the title to the Property to be conveyed. 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.
The Substitute Trustee 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 upon receipt of the purchase price in good and available funds.
The purchaser at the foreclosure sale shall assume the risk of loss of the Property immediately after the auction sale takes place. It shall be the purchaser’s responsibility to obtain possession of the Property following execution and delivery of the deed from the Substitute Trustee conveying the Property to the purchaser. The sale does not include the sale of any personal property in the Property.
The Substitute 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. Announcements made on the day of sale take precedence over these Terms of Sale.
Pill & Pill, PLLC, Substitute Trustee
____________________________________
David D. Pill, Member
P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971, Fax (304) 267-5840, e-mail: [email protected]