| NOTICE OF TRUSTEES' SALE|
Pursuant to the authority vested in the undersigned Successor Trustees pursuant to that certain Deed of Trust bearing date of October 18, 2005, executed by Simmons Real Estate Ventures, L.L.C., to John Dorsey, Trustee for WesBanco Bank, Inc., which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3298, at page 904, and default having been made in the payment and performance of the obligations secured by said Deed of Trust, and WesBanco Bank, Inc. having removed said Trustee and appointed the undersigned Successor Trustees by Appointment of Successor Trustees dated April 9, 2013 and recorded in said Clerk's Office in Trust Deed Book 3950, Page 542 on April 16, 2013, and the undersigned Successor Trustees having been requested so to do by the holder and owner of said obligations, the undersigned Successor Trustees, or their agent or attorney, will sell at public auction to the highest bidder on 1:00 o'clock P.M. on the
10th day of June, 2013
the real estate located, situate, of the quantity, and 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, lying and being in the City of Charleston, Charleston West District, Kanawha County, West Virginia, and being more particularly bounded as described as follows, to-wit:
Being known and designated as Lot 6 of Block 8 of the J. Brisbane Walker Addition to the City of Charleston, which said lot fronts 40 feet on Tennessee Avenue, as shown on a map of West Charleston, which said map is recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book No. 1, at page 131, and being the same property conveyed to Simmons Real Estate Ventures, LLC, a West Virginia limited liability company, by deed dated even date hereof to be recorded concurrently herewith; reference being hereby made to said map and deed for a more particular description of said property.
Said public auction will be conducted on the premises of the real property being sold, said real property or its address commonly known as 613 Tennessee Avenue, Kanawha County, Charleston, WV 25302. Inquiries concerning the sale may be directed to Joe R. Pyle Auction Co. at 304-592-6000.
The referenced real estate will be conveyed with no covenants of warranty and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk's Office or visible upon the ground, all prior liens and encumbrances, including without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in "AS IS" condition. The Successor Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
FEDERAL TAX LIEN: 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 of the period allowable for redemption under local law, whichever is longer.
Pursuant to the Deed of Trust, the Trustees may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
TERMS OF SALE SHALL BE AS FOLLOWS:
1.Ten (10%) percent of the purchase price to be paid cash in hand on day of sale, and the balance of the purchase price to be paid in full within thirty (30) days from and after the day of sale.
2.The proceeds of said sale will be used for the payment of any and all costs, fees, and expenses of sale pursuant to said Deed of Trust and as otherwise authorized by the loan documentation pertaining to the obligation secured by said Deed of Trust and as authorized by law, then applied to the balance due on the obligation secured by the aforesaid Deed of Trust, and any obligations secured by liens subordinate and junior in priority to said Deed of Trust, in order of priority and in accordance with the terms thereof, and as otherwise authorized by law.
3.The aforesaid real estate, and improvements and fixtures thereon, may be offered for sale in bulk, and/or by parcel, or combination of parcels, alternatively, at the discretion of the undersigned Successor Trustees or their agent or attorney, and said real estate, improvements and fixtures are sold "as-is."
4.The undersigned Successor Trustees, acting in their own right or by their agent or attorney, reserve the right to reject any and all bids.
5.The undersigned Successor Trustees, acting in their own right or by their agent or attorney, reserve the right to adjourn said sale from time to time by oral proclamation.
6.Said sale shall be subject to the following:
a.Redemption on or before March 31, 2014 of t
he lien for real estate taxes for the year 2011, which
were sold at the Sheriff's tax sale.
b.Real estate taxes and the lien therefor for
the years 2012, which were paid by the buyer at such
tax sale, and any and all other assessments affecting
said real estate.
b.Real estate taxes for the year 2013 which is
not yet due and owing, and any and all other assessments
affecting paid real estate.
c.Any and all rights of way, easements,
leases, reservations, defects, encroachments, restrictive
and protective covenants, and restrictions, including,
but not limited to, zoning restrictions, affecting said
d.Payment by the Purchaser of the excise tax
on the transfer of real estate and costs of recording the
Trustees' Deed to the aforesaid real estate and Trustees'
Report of Sale.
e.The requirements of the Protecting Tenants
at Foreclosure Act and the rights of any and all bona fide
The giving of this notice and the aforesaid Trustees' Sale does not constitute, and shall not be interpreted or construed as constituting, in whole or in part, an attempt to collect an indebtedness as a personal liability of any co-debtor whose liability on said debt has been discharged in bankrutpcy within the meaning of 11 U.S.C. §524, but constitutes only an in rem action against the above described real estate.
Dated this 13th day of May, 2013.
Suzanne Jett Trowbridge /s/
Goodwin & Goodwin, LLP
300 Summers Street, Suite 1500
Charleston, WV 25301
Robert W. Full/s/
Goodwin & Goodwin, LLP
201 Third Street
Parkersburg, WV 26101