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 executed the 30th day of April, 2013 made by Terri Hanna and T&W Properties, LLC (“Grantor”), to David M. Moore, in his capacity as Trustee (the “Original Trustee”), predecessor in interest to Thomas W. White (the “Substitute Trustee”), in favor of Audrey Smith Moye (the “Beneficiary”), to secure the payment of a note in the amount of Forty One Thousand Dollars and Zero Cents ($41,000.00), of record in the Office of the Clerk County Commission of Greenbrier County, West Virginia, in Trust Deed Book 714, at page 209 (the “Deed of Trust”). The Substitute Trustee was appointed in the Original Trustee’s place and stead, by instrument recorded in the aforesaid Clerk’s office in Trust Deed Book 762, Page 129. 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:
JUNE 27, 2016 AT 10:30 A.M., ON THE FRONT STEPS OF THE GREENBRIER COUNTY COURTHOUSE, LEWISBURG, WEST VIRGINIA.
REAL ESTATE DESCRIPTION:
All that certain lot, tract or parcel of land, together with the buildings thereon, situate in Ronceverte Municipality, formerly Fort Spring District, Greenbrier County, West Virginia, and more particularly bounded and described as follows:
Beginning at a stake on Lewisburg Avenue, and running with the same south to the John Washington line, and with same about 67 feet to the Hulda Spotts line, thence north on the hill to a stake, thence through the survey to the beginning.
And being the same real pro-perty conveyed unto Terri Hanna and T and W Properties, LLC, a West Virginia limited liability com-pany, by deed dated April 24, 2013 from Audrey Smith Moye.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in his or her opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his bid.
The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Greenbrier County, West Virginia, which cont-inuation shall be in the sole discretion of the Trustee. Should the 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 Trustee to make further inquiry. Please direct any inquiries or objections to the sale in writing to the following address: Dinsmore & Shohl LLP, 237 North Court Street, Lewisburg, WV 24901, (304) 645-9114. Any sale may be conducted or adjourned by the designated agent or attorney of the 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 made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-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. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. 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 the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. 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 shall be announced at sale.
Given under my hand this 31st day of May, 2016.
Thomas W. White
Dinsmore & Shohl LLP • Legal Counsel
237 North Court Street
Lewisburg, WV 24901
T (304) 645-9114 • F (304) 645-5375
(2,9jn)