| NOTICE OF TRUSTEE'S SALE|
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Real Estate Deed of Trust, dated August 21, 2008, made by John J. Martin, as Grantor, and Mark H. Wright and C. David Robertson, as Trustees, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3592, at page 448 (the "Real Estate Deed of Trust"), securing payment of indebtedness evidenced by that certain promissory note, dated August 21, 2008, payable by John J. Martin, to the order of Summit Community Bank, Inc., also known as Summit Community Bank, a West Virginia banking corporation, in the original principal amount of $20,700.00 (the "Note"), plus interest thereon, and all other indebtedness arising under the Real Estate Deed of Trust and the Note.
Pursuant to authority granted in the Real Estate Deed of Trust, Summit Community Bank, the owner and holder of the Note secured by the Real Estate Deed of Trust, appointed Charles B. Dollison and Daniel J. Cohn, both residents of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee dated June 9, 2014, of record in the aforesaid Clerk's office in Trust Deed Book 4041, at page 9.
Summit Community Bank, the owner and holder of the Note secured by the Real Estate Deed of Trust, has notified the Successor Trustee that John J. Martin is in default under the terms of the Real Estate Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the real property described in the Real Estate Deed of Trust at public auction, in accordance with the terms of the Real Estate Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 7th day of August, 2014, at 10:00 a.m., EDT, at the front door (Virginia Street) of the Kanawha County Courthouse, 409 Virginia Street East, Charleston, West Virginia, all of the following described parcels of land, situate in the City of Charleston, Charleston West District, Kanawha County, West Virginia, together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (the "Real Property"), said Real Property being more particularly described as follows:
All that certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston West District, Kanawha County, West Virginia, on the west side of the Elk River, and in the Glen Elm Addition to said City of Charleston, being known and designated as being Lot No. Six (6), of the said Glen Elm Addition, as shown upon a map of the same, made by M. W. Venable & Sons, Civil Engineers, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 136, at page 433, which said lot has a frontage of forty (40) feet on Garvin Avenue and extends back therefrom a depth of one hundred fifty-six and five-tenths (156.5) feet from said Garvin Avenue.
Being the same property conveyed unto John J. Martin by deed from Summit Community Bank, dated August 21, 2008, recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2727, at page 853.
The street address of the real property to be sold is, upon information and belief, 723 Garvin Avenue, Charleston, West Virginia 25302. TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1.Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser.
2.Any statutory lien or liens that may affect the subject property.
3.All covenants, conditions, restrictions, reservations, easements, and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property.
4.All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, and incinerator, sanitary, and sewer charges, having priority over the deed of trust referred to herein.
5.The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee's Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
6.All of the property to be sold will be sold "AS IS, WHERE IS" in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. 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 W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser's sole remedy is return of deposit.
7.In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
8.The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
9.The beneficiary of the Real Estate Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10.The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Daniel J. Cohn, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100.
DATED: July14, 2014.
/s/ Daniel J. Cohn
Daniel J. Cohn, Successor Trustee