NOTICE OF TRUSTEE'S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones and J. Grant McGuire, Trustees by Deed of Trust dated July 20, 2007, executed by Flex Partners II, LP which deed of trust is of record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 2169 at Page 414, as amended by an Agreement dated August 15, 2007 which Amendment is of record in said Clerk's Office in Bonds Contracts and Leases Book 349 at Page 739, the undersigned Trustees have been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Trustee will sell the real estate described in the Deed of Trust, at a public auction on February 24, 2017 at 10:00 a.m. to the highest bidder at the east front door of the Courthouse of said County of Cabell, in Huntington, West Virginia, which real estate is more completely described as follows: A parcel of land, located along Four Pole Creek, in the City of Huntington, Kyle District, Cabell County, West Virginia, in what is known as the Commerce Park Development more particularly described as follows: Commencing at a point on the eastern right of way line of County Route No. 52/9 (Park Avenue) at Station 7+08.56, 43.89 feet left of centerline as per WVDOT/DOH State Project No. X306-52/9-0.00 00, said point being a #5 rebar with cap found (WVDOT/DOH R/W monument). Thence from said Point of Commencement, South 56 34' 51" East as distance of 306.01 feet to a #5 rebar and cap set in the southern right of way line for a 40' right of way for Cheshire Way, said point being a corner common to the said parcel described and Parcel C-1 of the Commerce Park Development, said point being the POINT OF BEGINNING for this parcel. Thence continuing with the said right of way, South 67 56' 00" East for a distance of 35.10 feet to a #5 rebar and cap at the beginning of curve. Thence continuing with said right of way following a curve turning to the right through an angle of 57 14' 00", having a radius of 230.00 feet, and whose long chord bears South 39 19' 00" East for a distance of 220.32 feet to a #5 rebar and cap. Thence, continuing with said right of way line of Cheshire, South 10 42' 00" East for a distance of 143.65 feet to a #5 rebar and cap being a corner common to the revised Out parcel #2 of the Commerce Park Development. Thence leaving the said right of way and running with the line common the revised Out parcel #21, South 79 22' 29" West a distance of 300.33 feet to a #5 rebar and cap being a corner common to the WV Economic and Development Authority parcel and the revised Out Parcel #2. Thence with the line common to the WV Economic and Development Authority parcel, North 10 37' 31" West for a distance of 355.88 feet to a #5 rebar and cap set being a corner common with the said WV Economic and Development Authority parcel and the C-1 parcel. Thence with the line common to the C-1 parcel, North 79 22'29" East for a distance of 164.96 feet to the POINT OF BEGINNING containing 98526 square feet or 2.26 acres more or less. TERMS OF SALE 1. 10% down day of sale, payable by cashier's check, remainder due thirty (30) days from date of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in "AS IS" condition. The rustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 27th day of January, 2017. J. Patrick Jones, Trustee J. Grant McGuire, Trustee 304-529-8560 LH-49926 1-28;2-4; 2017
↧