| 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, datedMay 14, 2007, made byAugusta Hills, LLC, as Grantor, andMark 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 3465, at page 238 (the "Deed of Trust"), securing repayment of indebtedness evidenced by that certain promissory note, dated May 14, 2007, payable by Augusta Hills, LLC, to the order of Summit Community Bank, Inc., also known as Summit Community Bank, a West Virginia banking corporation, in the originalprincipal amount of $900,000.00, as renewed by that certain promissory note, dated May 11, 2010, payable by Augusta Hills, LLC, to the order of Summit Community Bank in the original principal amount of $900,000.00(collectively, the "Note"), plus interest thereon, and all other indebtedness arising under the Deed of Trust and the Note.
Pursuant to authority granted in the Deed of Trust, Summit Community Bank, the owner and holder of the Note secured by the 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 datedMarch 20, 2014, of record in the aforesaid Clerk's office in Trust Deed Book 4019, at page 822.
Summit Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Augusta Hills, LLC, is in default under the terms of the Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the realproperty described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for saleat public auction on the 22nd day of April, 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 thefollowing described parcels of land, situate in Union District, Kanawha County, West Virginia, containing in the aggregate 700 acres, more or less, together with the all the improvements thereon and 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 (all referred to as the "Real Property"). The term Real Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Real Property, said Real Property being more particularly described as follows:
TRACT ONE: A tract of land containing approximately one hundred thirty 130 acres, situate on the water of the Kanawha River, Union District, Kanawha County, West Virginia, and being the same property conveyed to Katherine Elizabeth Sattes, Frances BeirneSattes, Dorothy Lyle Sattes, and Frederick Lyle Sattes, Sr. (being all ofthe Children of F. L. Santa and Katharine Backus Sattes), by that DEED dated July 21, 1952, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1011, at Page 308. This tract is shown on the attached PLAT OF RESIDUE OF THAT PORTION OF THE F. H. SATTES ESTATE LYING ON THE NORTHEASTERN OF W.VA. STATE ROUTE 25 and it is designated as Parcel 3.
TRACT TWO:All of that certain tract of land situate on Hog Pen Branch in Union District, Kanawha County, West Virginia, and being more particularly described as follows: Beginning at the road leading up Hog Pen Hollow from the line of the J. L. Gabbert land; thence, with said road up said hollow to the line of the land known as the Montague land, and with the line of said Montague land to the line of the Gabbert land, and with the line of the said Gabbert land to the place of beginning, containing 48 acres, more or less, and being the same property conveyed to F. Lyle Sattes, Katherine Sattes Lamb, Frances B. Sattes and Dorothy Sattes Ridings, by that DEED dated January 13, 1998, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. in Deed Book 2432, at Page 461.
TRACT THREE: All of Tax Map 27, Parcel Nos. 2, 4, 6, 8 and 11, comprising approximately 467.46 acres, more or less, as shown on that certain map entitled "PLAT OF RESIDUE OF THAT PORTION OF THE F. H. SATTES ESTATE, LYING ON THE. NORTHEASTERN OF W.VA. STATE ROUTE 25", which map shows a total of 643.96 acres of property located on the water of the Kanawha River, Union District, Kanawha County, West Virginia, which map is dated October 21, 1994. This being a portion of the properties owned by F. H. Sattes, also known as Frank Herbert Sattes, who died testate in Kanawha County, West. Virginia, on April 8, 1947.
TRACT FOUR: Lots Nos. Sixty-Two (62) and Sixty-Three (63) of "Gabbert" a subdivision situate on the waters of Downey's Creek, Union District, Kanawha County West Virginia, as set forth and designated on the map made by P. H. Hackney, Surveyor, dated July, 1945, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, and being the same real estate conveyed unto F H. Sattes, now deceased, by M. A. Gore and Dora A. Gore, his wife, by Deed dated November 15, 1945, and duly of record in the aforesaid Clerk's Office in Deed Book 719, at Page 281, the said F. H. Sattes, having died testate a resident of Kanawha County, West Virginia on April 8, 1947, and under the terms of his Last Will and Testament duly of record in aforesaid Clerk's Office in Will Book 66, at Page 266.
TRACT FIVE: Lots ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15), sixteen (16) and Part Lotthirty-one (31) of Section 6, of what was known as Sattes (now a part of Nitro, West Virginia), located along Hillside Drive in Nitro, West Virginia, and as shown in the records of the Clerk's Office in Map Book 19, at Pages 132 and 133. This being a portion of the properties owned by F. H. Sattes, also known as Frank Herbert Sattes, who died testate in Kanawha County, West Virginia, on April 8. 1947.
TRACT SIX: Lying on the north side of West Virginia Route No. 25, Directly across from the subdivision know as DuPont Place (as recorded in map Book Five (5), page Seventy (70), in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, beginning directly across the road and in line with the westerly side of Lot No. Eighty (80), thence in and [sic] easterly direction with the northerly right-of-way line of Route 25 Fifty (50) Feet to a point directly across the road from the easterly line of Lot No. Eight-One (81); thence in a northerly direction in a line continuing as an extension of the easterly line of Lot Eight-One (81) a distance of 150 feet; thence in awesterly direction a distance of 50 feet to a point in an extension of the westerly side of Lot No. Eighty (80); thence with the this line 150 feet to the point of beginning. And being the same property that was conveyed by James Bowling to Augusta Hills LLC, a West Virginia Limited Liability Company, dated November 25, 2003, of record in Deed Book 2591, at page 159.
TRACT SEVEN: Lying on the westerly side of Hogpen Hollow Branch, Beginning at an iron pipe located on the westerly side of the Hogpen Hollow Road, said pipe being located 12 feet from the center of said road; thence running with said road on the following courses, due North 240 feet; thence N. 1 degree 05' W. 151 feet; thence N. 3 degrees 45' E. a distance of 164 feet; thence N. 39 degrees 30' E. 119 feet; thence N. 68 degrees E. 307 feet to an iron pipe at a point known as the "First Slip"; thence leaving said road N. 25 degrees W 185 feet to an iron pipe on the lower side of a road near a fence corner on the southerly side of said road; thence N. 86 degrees 25' W. 345 feet; thence leaving said road and running with the top of the ridge and following the meanders thereof S. 36 degrees 45' W. 116 feet to a black oak stump; thence due South 360 feet; thence S. 38 degrees 15' W. 400 feet; thence S. 12 degrees 45' E. 365 [feet] to an iron pipe; thence leaving the ridge and running down the hill S. 89 degrees 50' 685 feet more or less to the place of beginning, containing 18 acres, more or less; and being the same panel [sic] shown on a plat entitled "Parcel of land situate in Hogpen Hollow", Union District, Kanawha County, recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 991 at page 128, and being the same property conveyed by C.E. Curry and Betty J. Curry, his wife, and "The Donald E. Casdorph Revocable Trust" by Danny R. Simms, trustee, to Augusta Hills LLC by deed dated June 9, 2004, of record in the Clerk's office in Deed Book 2605, at page 1.
Subject to certain reservations including oil and gas, as contained in that deed dated February 4, 1952, from F L Sattes and others to Burton A. Hedrick and Bertye Hedrick, his wife, recorded in said clerk's office in Deed Book 991, at page 126.
The street address of the Real Property to be sold cannot be determined, but is known, upon information and belief, as approximately 700 acres, more or less, Nitro, West Virginia 25143. 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 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 Charles B. Dollison and Daniel J. Cohn, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347 1100.
DATED: March 26, 2014.
/s/ Charles B. Dollison
Charles B. Dollison, Successor Trustee