010090869 May 27 June 2, 8
TO: AAL PROPERTIES LLC &
DALTON PROPERTIES LLC MOBILE HOME PARK
80 WILDWOOD LAKE
MORGANTOWN, WV 26508
NOTICE OF TRUSTEE’S SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust dated the 6th day of December, 2010, made by AAL PROPERTIES LLC, a West Virginia limited liability company, to JAMES B. HAYHURST, as Trustee (the "Original Trustee"), predecessor to R. SCOTT SUMMERS (the "Substitute Trustee"), and securing a loan in the principal amount of $401,500.00, plus interest and other applicable charges, in favor of UNITED BANK, INC. (the "Beneficiary"), of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in TRUST DEED BOOK 1784, AT PAGE 515, which instrument was revised and re-recorded in said Clerk’s Office in TRUST DEED BOOK 1793, AT PAGE 484 (the "Deed of Trust"). The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the "Real Estate") on:
WEDNESDAY, JUNE 15, 2016, AT 11:30 A.M.
ON THE FRONT STEPS OF THE MONONGALIA COUNTY COURTHOUSE,
243 HIGH STREET, MORGANTOWN, WEST VIRGINIA 26505
A certain piece of land fronting on the Kingwood Pike, in Clinton District, on which is erected a school house, known as the "Goff School House" and being a part of Elija Brown and Mary L. Brown’s home farm, and sold to said Grantor, which fronts 20 rods on said pike and running back 8 rods at right angles with said road, making an acre in a rectangle. The comer of said lot shall be one rod from the Eastern corner of said house commencing on the said Kingwood Pike, containing 1 acre, more or less.
Excepting and reserving from this conveyance the following described parcel of real estate: Beginning at a point in the property line between the Board of Education and Beatrice L. Keefover, 20 feet left of centerline Station 197+12.5 of survey of State Road Commission Project S-513 (2), Monongalia County, said point being the southern right of way line of said project; thence along said southern right of way line, concentric with and 20 feet left of the centerline by a curve to the left of radius of 1412.40 feet in a northwesterly direction a distance of 68 feet, more or less, to a point 20 feet left of Station P.T. I97+79.29; thence parallel to and 20 feet left of said centerline N. 50° 48′ 22" E. a distance of 196 feet, more or less, to a point on the property line between the Board of Education and Iva Blaney et al; thence along said property line N. 35° 57′ E. a distance of 20 feet, more or less, to centerline Station 199+75, the centerline of the present road; thence along the centerline of the said present road in a southeasterly direction a distance of 265 feet, more or less, to a point 4 feet right of Station 197+12.5, the property line between the Board of Education and Beatrice L. Keefover; thence along said property line S. 39° 28′ W. a distance of 24 feet, more or less, to the point of beginning, containing 0.12 acre, more or less, including the portion of the present road right of way that lies within the above described strip or parcel of land.
And being the same real estate conveyed to AAL PROPERTIES, LLC by Deed from The Huntington National Bank, dated the 5th day of November 2010, and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1425, at Page 31.
TERMS OF SALE
Sale of the Real Estate will be made by the Substitute Trustee by public sale to the highest bidder. The Real Estate shall be sold by the Substitute Trustee in the manner he determines, in his sole discretion, whether it is as one or several lots or parcels. The Substitute Trustee reserves the right to reject any bid that in his opinion is inadequate. The highest bidder(s) will be required to tender a deposit of ten percent (10%) of the purchase price in cash or immediately available funds by 4 p.m. (EST) on the day of the sale, with the remaining purchase price due within FORTY-FIVE (45) days of the sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be agreed to by the Substitute Trustee and the bidder. If the successful bidder(s) fails to deliver the total purchase price within the prescribed time, the Substitute Trustee may proceed to resell the Real Estate, or the applicable portion thereof, pursuant to the Deed of Trust or, at the discretion of the Substitute Trustee, convey the Real Estate, or the applicable portion thereof, to the next highest bidder if such bidder will honor his/her bid.
The Substitute Trustee also reserves the right to continue the sale of all or any one or more of the lots or parcels of Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Monongalia County, which continuation shall be in the sole discretion of the Substitute Trustee. Should the Substitute Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Substitute Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Substitute Trustee in writing at the following address: R. Scott Summers, Esquire, R. Scott Summers, PLLC, 69 Clay Street, Suite 201, Morgantown, West Virginia 26505. Phone: 304.292.2895. Any sale may be conducted or adjourned by a designated agent or attorney of the Substitute Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid(s) made therefore all or any of the secured debt then due.
Conveyance will be made by Substitute Trustee’s Deed(s) in the form prescribed by W. Va. Code §38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, right-of way, conditions and restrictions of record. Every lot or parcel of the Real Estate and any improvements located thereon are sold in "AS IS" condition. Substitute Trustee does not make any representations or warranties as to the physical condition of the Real Estate. Prospective purchasers are responsible for inspecting the title and the Real Estate prior to the Substitute Trustee’s Sale. Any and all legal procedural requirement to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser(s). Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of purchaser(s). All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser(s). Substitute Trustee makes no representations regarding the state of the title to the Real Estate. Purchaser(s) shall bear the responsibility and the risk of any inspection of the lots or parcels comprising the Real Estate, and any existing leases, land contracts, or other agreements recorded and unrecorded affecting the Real Estate. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. The sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions may and shall be announced at the sale.
Given under my hand this 16th day of May, 2016:
R. Scott Summers, Substitute Trustee
R. Scott Summers, P.L.L.C.
69 Clay Street, Suite 201
Morgantown, WV 26505
304.292.2895 (phone)
304.292.2896 (fax)
rssummers@mountain.net (email)