NOTICE OF TRUSTEE'S SALE Pursuant to the authority vested in the undersigned David G. Hammond, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, and by certain deeds of trust dated (1) as of July 25, 2013, recorded in the Clerk's office in Trust Deed Book 2507, at page 279, (2) dated March 29, 2013 recorded in Trust Deed Book 2481, at page 255, (3) dated June 22, 2012, recorded in Trust Deed Book 2445, at page 527, and (4) December 30, 2009 recorded in Trust Deed Book 2316, at page 247, each made by Hard Rock Exploration, Inc., Caraline Energy Company, Blue Jacket Gathering, LLC, Blue Jacket Partnership, and Brothers Realty LLC to Evans L. King, Jr. and Randall C. Light, as Trustees, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deeds of trust to sell the "Mortgaged Property" as described and defined in the deeds of trust, including, without limitation, the Land, the Gas Contracts, the Gas System, and the Operating Contracts, as there has been a default under the tenns and conditions of said deeds of trust. Therefore, the undersigned Substitute Trustee will sell the property described in the deeds of trust at a public auction on September 18, 2017 at 3:00 p.m. to the highest bidder at the front door of the Courthouse of Putnam County, in Winfield, West Virginia, which property is more completely described in the exhibits attached to the deeds of trust, copies of which are available at the Clerk's office. TERMS OF SALE 1. Unless the beneficiary or its assignee is the successful bidder, a nonrefundable deposit in the amount of ten percent (10%) of the highest and successful bid will be required to be paid, in certified funds, official bank draft, or cash, to the Substitute Trustee at the time and place of sale in a form acceptable to the Trustee. The purchaser is free to tender a deposit in excess of 10%. 2. The balance of the purchase price will be required to be paid to the Substitute Trustee in certified funds or by wire transfer at the location the Substitute Trustee directs within thirty (30) days of the date of the sale, at which time the Trustee's Deed will be ready for delivery (the "Closing Date"). Except as may be provided herein, time is of the essence with respect to the Closing Date as to the purchaser only. The Substitute Trustee may, in his sole discretion, adjourn the Closing Date to a later date. 3. 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, leases, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. 4. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code ll-22-2. 5. The subject property will be sold in "AS IS" condition. The Substitute Trustee 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. 6. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 7. The Substitute 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. 8. The beneficiary of the deeds of trust and holder of the notes 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. 9. Such other terms as may be announced at the time of Sale. Given under my hand this 28th day of August, 2017. David G. Hammond, Substitute Trustee Lewis Glasser Casey & Rollins, PLLC 300 Summers Street, Suite 700 Charleston, WV 25301 304-345-2000 LH-55621 9-1,8; 2017
↧