NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust, dated April 25, 2013, made by Valerie M. Comer, also known as Valerie M. Taylor, and Mark A. Comer, as Grantors, and Gary R. Mills, as Trustee, of record in the office of the Clerk of the County Commission of Nicholas County, West Virginia, in Trust Deed Book 446, at page 449 (the “Deed of Trust”), securing repayment of indebtedness evidenced by that certain Promissory Note, dated April 25, 2013, payable by Valerie M. Comer, also known as Valerie M. Taylor, and Mark A. Comer to the order of First Community Bank, a Virginia-chartered commercial bank, in the original principal amount of $52,700.00 (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, First Community Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Richard M. Francis and Daniel J. Cohn, both residents of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee dated October 3, 2016, of record in the aforesaid Clerk’s office in Trust Deed Book 477, at page 625.
First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Valerie M. Comer, also known as Valerie M. Taylor, and Mark A. Comer are in default under the terms of the Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the real property 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 sale at public auction on the 15th day of November, 2016, at 10:00 a.m., prevailing Eastern Time, at the front door of the Nicholas County Courthouse, 700 Main Street, Summersville, West Virginia, all that certain tract or parcel of real estate, together with any buildings or improvements thereon, rights or rights of way incidental thereto, and appurtenances thereunto belonging, situate in Grant District, Nicholas County, West Virginia, and as more particularly bounded and described as follows (the “Real Property”):
BEGINNING at a 1/2 inch copper pipe (set) on the North side of a 20.0 feet. wide right of way; thence from said beginning and with said right of way N 33º 32’ W 352.85 feet to a 1/2 inch copper pipe (set); thence leaving said right of way N 53º 39’ E 90.31 feet to a 1/2 inch copper pipe (set); thence S 64º 17’ E 125.91 feet to a 1/2 copper pipe (set); thence S 60º 41’ E 110.93 feet to a 1/2 inch copper pipe (set); thence S 50º 39’ E 136.50 feet to a 1/2 inch copper pipe (set); thence S 50º 39’ E 136.50 feet to a 1/2 inch copper pipe (set) [sic]; thence S 51º 50’ W 246.14 feet to the place of beginning and containing 1.437 acres, more or less.
Being the same real estate conveyed to Mark A. Comer and Valerie M. Comer, husband and wife, by deed dated April 5, 2013, and recorded in the Office of the Clerk of the County Commission of Nicholas County, West Virginia.
The street address of the Real Property to be sold is, upon information and belief, 62 King Cross Lane, Summersville, West Virginia 26651.
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, 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 Richard M. Francis and Daniel J. Cohn, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347‑1100.
DATED: October 19, 2016.
Daniel J. Cohn, Successor Trustee
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