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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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January 10, 2018     Spirit of Jefferson Farmers Advocate
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PAGE B6 , Wednesday, January 10, 2018 LEGALS and SPIR1T of JEFFERSON I ?kRMER'S ADVOCATE NOTICE OF SUBSTITUTE TRUSTEE'S SALE Notice is hereby given by the undersigned Substitute Trustee, 'in accordance with the provi- sions of that certain Credit Line Deed of Trust made by Fairfax Crossing, LLC, a West Virginia Limited Liability Company, dat- ed March 21, 2012, of record in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 1882, at page 634 (the "Deed of Trust") securing a Promissory Note from Cliffside Inn, LLC, a West Virginia limited liability company, dated Octo- ber 25, 2007, as subsequently modified by instruments dated . February 25, 2008 and March 21, 2012 in the maximum prin- cipal amount of Four Million Two Hundred Ninety Thousand and 00/100 Dollars ($4,290,000.00), payable to the order of Bank of Charles Town, and all renewals thereof (the "Notes"), the Grant- or's maximum liability under the Guarantee and Deed of Trust be- ing Six Hundred Thousand Dol- lars and 00/100 ($600,000.00). Bank of Charles Town appointed Stephen M. Mathias to serve as Substitute Trustee, by a Substi- tution of Trustee dated Septem- ber 15, 2017, of record in the said Clerk's Office in Deed of Trust Book 1196, at page 569. Cliffside Inn, LLC has defaulted under the terms of the Deed of Trust and the Note, and as re- quested by Bank of Charles Town, the holder and owner of the Note secured by the Deed of Trust, the undersigned Sub- stitute Trustee will sell at Dublic auction on January 12, 2018, at 11:30 a.m. at the front door of the Jefferson County Courthouse, 100 E. Washington Street, in Charles Town, West Virginia, the following described real property situate in the Ranson Corpora- tion, Jefferson County, West Vir- ginia, and more particularly de- scribed as follows: That certain parcel of real es- tate, together with the improve- ments thereon and the appurte- nances thereunto belonging, sit- uate, lying, and being in Ranson Corporation, Jefferson County, West Virginia, as more particu- larly described as follows: PARCEL III Lot A (Residue), as shown upon a plat entitled "Final Plat Showing Phase Ill-A, Lots 272- 277, 286-297 & 345-352, and Lot A (Residue) Fairfax Crossing," by Dewberry & Davis, LLC dated June 18, 2010, recorded in the Office of the Clerk of the County Commission of Jefferson Coun- ty, West Virginia, in Plat Book 25, Page 276. Less and Excepting (1) Lots 321-328, 'Phase III, Lakeland Place at Fairfax Cross- ing conveyed to Dan Ryan Build- ers, Inc. by deed dated October ,16, 2012, in Deed Book 1115, page 547. 6 ; (2) Lots 399-406, Phase II1' Lakeland Place at Fairfax Cross- i ing conveyed to Dan Ryan Build- . ers, Inc. by deed dated February :28, 2013, in Deed Book 1120, page 537. b '. (3) Lots 313-320, Phase Ill-A, ', Lakeland Place at Fairfax Cross- ~ing conveyed to Dan Ryan Build- ;ers, Inc. by deed dated March :27, 2013, in Deed Book 1121, ,page 510. ', (4) Lots 226-236, Phase II-B, ' Lakeland Place at Fairfax Cross- J ,ing to Dan Ryan Builders, Inc. by :deed dated December 6, 2013, ',in Deed Book 1133, page 220. p ' (5) Lots 407-414 Phase Ill-A, Lakeland Place at Fairfax Cross- ing to Dan Ryan Builders, Inc. ',by deed dated June 27, 2013, in Deed Book 1126, page 313. TERMS OF SALE Said property will be sold for cash, by public auction to the highest bidder. A deposit of ten percent (10%) of the purchase ,~rice shall be due in cash, or by certified check, at the time and place of sale. In the event the note holder, or an affiliate ,thereof, is the successful bidder ', at the sale, such party will not be ' required to make a deposit. The balance of the purchase price 'shall be paid in cash or certi- fied funds, or wire transfer within ~Thirty (30) days following the date of public auction. Taxes and ',all other governmental charges ,and liens owed against the prop- ,erty shall be the responsibility of :the Purchaser and shall be paid ',by the Purchaser at settlement. ',The Purchaser shall pay all ,documentary stamps, state and local transfer taxes, recordation taxes and fees, title examination ',costs, attorneys' fees, convey- ; ance fees and all other incidental ,settlement costs. The Purchaser ',shall settle and comply with the ,sale terms within thirty (30) days ;following the date of the public : auction, unless said period is ex- ,tended by the Trustee for good cause shown in his sole discre- tion. Time is of the essence. If the Trustee extends the date of settlement at the request of the Purchaser, the Purchaser shall pay interest on the unpaid bal- ance of the purchase price at the rate of ten percent (10%) per annum from the thirty-first (31 st) day after the date of sale to and including the date of settlement. In the event the note holder, or an affiliate thereof is the suc- cessful bidder at the sale, such party will not be required to pay interest on the unpaid balance of the purchase price. Settle- ment shall be held at the offices of Bowles Rice LLP, 101 South Queen Street, Martinsburg, West Virginia 25401. In the event-the Purchaser fails to go to settlement as re- quired, in addition to any other legal or equitable remedies, available to him, the Substitute Trustee may, declare the afore- mentioned deposit forfeited and re-sell the property at the Pur- chaser's risk and expense. In such event, the defaulting Pur- chaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reason- able attorneys' fees, and all other charges due in incidental dam- ages. In the event a resale of the property results in a sale in ex- cess of the amount originally bid by the defaulting Purchaser, the defaulting Purchaser waives any and all claims, rights and inter- ests to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties' respective riahts and obliclations regara,ng me terms OT sale ana the conduct of the sale shall be governed and interpreted ac- cording to the laws of the State of West Virginia. If the Substitute Trustee is un- able to convey the property as described above, the Purchas- er's sole remedy at law or in eq- uity shall be limited to the refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the Pur- chaser, the sale shall be void and of no effect, and the Purchas- er shall have no further claim against the Substitute Trustee or the note holder. The property will be sold in an "AS IS" condition and without any warranties or representa- tions, either express or implied. In addition; the property will be sold subject to all matters not eliminated by law as a result of the foreclosure including but not limited to, critical area and wet- land violations, any environmen- tal problems and violations which may exist on or with respect to the property, all matters and re- strictions of record affecting the same, if any, all easements, all conditions, senior liens in prior- ity to the deed of trust, if any, restrictions, rights of redemp- tion, covenants, encumbrances, and matters that an accurate survey or physical inspection of the property might disclose. The Purchaser, at the foreclosure, shall assume the risk of loss for the above-referenced property immediately after the sale takes place. It shall be the Purchaser's responsibility to obtain posses- sion of the property following execution and delivery of the deed from the substitute trustee conveying the property to the Purchaser. Federal Tax Lien: 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 pe- riod of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. The undersigned Substitute Trustee expressly reserves the right to reject any and all bids and may adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale or by posting of a notice of same. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver to make said foreclosure. Fairfax Crossing, LLC, re- served certain statuory special declarant rights and develop- ment rights in that certain Decla- ration of Lakeland Place at Fair- fax Crossing, a Planned Com- munity, dated April 13, 2005, and recorded May 11, 2005 in the aforesaid County Clerk's office in Deed Book 1008, page 274, and pursuant to West Virginia Code 36B, et seq to wit: a. a successful bidder at a trust- ee's sale shall have the right to elect to be conveyed by the trust- ee's deed any special declarant right or development right; b. each of Fairfax Crossing, LLC's special declarant rights terminate by operation of foreclo- sure unless transferred to, and accepted by, a transferee; and c. a transferee may elect to hold special declarant rights in trust for subsquent transfer to another person. Any inquiries regarding this sale may be directed to Stephen M. Mathias, Substitute Trustee, 101 S. Queen Street, Martins- burg, West Virginia, 25401, Tele- phone: (304) 263-0836. DATED this 21st day of De- cember, 2017. Stephen M. Mathias, Substitute Trustee 12/27/3t NOTICE OF SUBSTITUTE TRUSTEE'S SALE Notice is hereby given by the undersigned Substitute Trustee, in accordance with the provi- sions of that certain Deed of Trust made by Fairfax Crossing, LLC, a West Virginia Limited Lia- bility Company, dated December 2, 2011, of record in the Office of the Clerk of the County Commis- sion of Jefferson County, West Virginia, in Deed of Trust Book 1870, at page 23 and re-record- ed in Deed of Trust Book 1899, at page 246 (the "Deed of Trust") securing a Promissory Note from Turf, LLC and Marcus Enterpris- es, LLC dated December 2, 2011 in the original principal amount of One Million Nine Hundred Eighty- Four Thousand Four Hundred Twenty-One Dollars and Sixty- Seven Cents ($1,984,421.67), and a Promissory Note from Commercial Associates, LLC dated April 2, 2007 in the origi- nal amount of One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000.00), payable to the order of Jefferson Security Bank, and all renew- als thereof (the "Notes"). Jef- ferson Security Bank appointed Stephen M. Mathias to serve as O /~,:,H'~u'Eo Truotoo, by ,~ O~1 ,o*; tution of Trustee dated January 14, 2016, of record in the said Clerk's Office in Deed of Trust Book 1167, at page 687. Fairfax Crossing, LLC, Turf, LLC, Mar- cus Enterprises, LLC and Com- mercial Associates, LLC have defaulted under the terms of the Deed of Trust and the respective Notes, and as requested by Jef- ferson Security Bank, the holder and owner of the Notes secured by the Deed of Trust, the under- signed Substitute Trustee will sell pursuant to default on the Commercial Associates, LLC April 2, 2007 Promissory Note at public auction on January 12, 2018, at 11:00 a.m. at the front door of the Jefferson County Courthouse, 100 E. Washington Street, in Charles Town, West Virginia, the following described real property situate in the City of Ranson, Jefferson County, West Virginia, and more particularly described as follows: All that certain parcel of real estate consisting of 1.962 acres, shown as Lot 23 on a plat enti- tled "Lots 22, 23, 31 and 7 (Resi- due), Fairfax Crossing II, LLC", dated November 15, 2006, made by Dewberry & Davis, LLC, re- corded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Plat Book 23 at page 76. AND BEING part of the same parcel of real estate that was conveyed unto Fairfax Crossing II LLC, by virtue of a deed from Ronald E. Shaeffer, Joseph R. Shaeffer and Kristin A. Shaeffer dated November 29, 2005, and recorded in the aforesaid Clerk's Office in Deed Book 1017 at page 91. Fairfax Crossing II LLC, was merged with Fairfax Crossing LLC. Fairfax Crossing LLC was the surviving entity and by virtue of a confirmatory deed dated No- vember 17, 2011, and recorded in the aforesaid Clerk's Office in Deed Book 1101 at page 247, the subject parcel was conveyed from Fairfax Crossing II LLC unto Fairfax Crossing LLC. TERMS OF SALE Said property will be sold for cash in hand, by the Substitute Trustee, by auction to the high- est bidder. Taxes and all other governmental charges and liens owed against the property shall be the responsibility of the Pur- chaser and shall be paid by the Purchaser at settlement. The Purchaser shall pay all docu- mentary stamps, state End local transfer taxes, recordation taxes and fees, title examination costs, attorneys' fees, conveyance fees and all other incidental settle- ment costs. The property will be sold in an "AS IS" condition and without any warranties or representa- tions, either express or implied. In addition, the property will be sold subject to all matters not eliminated by law as a result of the foreclosure including but not limited to, critical area and wetland violations, any envi- ronmental problems and vio- lations which may exist on Or with respect to the property, all matters and restrictions of re- cord affecting the same, if any, all easements, all conditions, restrictions, rights of redemp- tion, covenants, encumbrances, and matters that an accurate survey or physical inspection of the property might disclose. The Purchaser, at the foreclo- sure, shall assume the risk of loss for the above-referenced property immediately after the sale takes place. It shall be the no duty to cause any existing BEGINNING AT A POINT IN Purchaser's responsibility to ob- tenant or person occupying the AN EXISTING FENCE LINE tain possession of the property property to vacate said property, (FIG. 1 ON PLAT); THENCE IN following execution and delivery and any personal property and/ AN AZIMUTH ANGLE ACCRU- of the deed from the substitute or belongings remaining at the ING CLOCKWISE FROM MAG- trustee conveying the property property after the foreclosure NETIC NORTH 219 DEGREES to the Purchaser. sale will be deemed to constitute 56 MINUTES 33 SECONDS A Federal Tax Lien: In the event ABANDONED PROPERTYAND DISTANCE OF 211.36 FEET that there are Federal Tax Liens WILL BE DISPOSED OF AC- TO A SET CAPPED 5/8 INCH against the property, the United CORDINGLY. REBAR NEXT TO A WOODEN States would have the right to 6) The total purchase priceFENCE POST(FIG. 2ON PLAT); redeem the property within a pe- is payable to the Trustee within THENCE IN AN AZIMUTH AN- riod of 120 days from the date of thirty (30) days of the date of GLE ACCRUING CLOCKWISE such sale or the period allowable sale, with ten (10%) of the total FROM MAGNETIC NORTH for redemption under local law, purchase price payable to the 107 DEGREES 13 MINUTES whichever is longer. Trustee at sale. 45 SECONDS A DISTANCE OF The undersigned Substitute Pill & Pill, PLLC, 265.64 FEET TO A CORNER Trustee expressly reserves the Substitute Trustee WOODEN FENCE POST, (FIG. right to reject any and all bids BY: 3 ON PLAT), A CORNER TO and may adjourn the sale from Richard A. Pill, Member PARCEL "A"; THENCE WITH time to time without notice other Pill & Pill, PLLC PARCEL "A" FOR 1 LINE IN AN than oral proclamation at the time 85 Aikens Center AZIMUTH ANGLE ACCRUING and place appointed for the sale Edwin Miller Boulevard CLOCKWISE FROM MAGNET- or by posting of a notice of same. P.O. Box 440 IC NORTH 041 DEGREES 01 Such adjournment may be for a Martinsburg, WV 25402 MINUTE 08 SECONDS A DIS- period of time deemed expedient (304) 263-4971 TANCE OF 114.51 FEET TO A bythe beneficial owner and shall foreclosures@pillwvlaw.com CORNER WOODEN FENCE not be construed to be a waiver 1/3/3t POST (FIG. 4 ON PLAT); to make said foreclosure. THENCE LEAVING PARCEL Any inquiries regarding this NOTICE OF "A" IN AN AZIMUTH ANGLE AC- sale may be directed to Stephen TRUSTEE'S SALE CRUING CLOCKWISE FROM M. Mathias, Substitute Trustee, Pursuant to the authority vest- MAGNETIC NORTH 308 DE- 101 S. Queen Street, Martins- burg, West Virginia, 25401, Tele- ed in the undersigned Richard A. ONDsGREESA37DISTANcEMINUTESoF19247.26SEC" phone: (304) 263-0836. Pill, Substitute Trustee by Notice DATED this 21st day of De- of Substitution of Trustee which FEET TO A POINT OF BEGIN- notice is of record in the Office of NING, CONTAINING 40,041 cember, 2017. the Clerk of the County of Corn- SQUARE FEET, MORE OR mission of Jefferson West Vir- LESS. Stephen M. Mathias, Substitute Trustee 12/27/3t NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S O Lr- ;o horoby 9iron pursuc~nt to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated May 4, 2006, executed by the Borrowers, lan J. Titus and Kristina D. Titus, to Joseph C. Hereford and Philip B. Hereford, the Trustees, of record in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Book 1548, at Page 1. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 434 Earle Road, Charles Town, WV 25414. Pill & Pill, PLLC were appointed as Substitute Trustee by an APPOINTMENT OF SUC- CESSOR TRUSTEE dated June 18, 2015, of record in the Clerk's Office in Book 1159, at Page 58. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property, to- gether with the improvements thereon and the appurtenances thereunto belonging, to the high- est bidder at the front door of the Courthouse of Jefferson County, in Charles Town, West Virginia, on the following date: January 24, 2018 at 5:06 p.m. All of the following described real estate located in Kabletown District, Jefferson County, West Virginia, more particularly de- scribed as follows: Said land herein conveyed being a portion of Lot 1 on the "Grainlands" plat of record in the Office Of the Clerk of the County Commission of said County in Plat Book 4, at Page 17, and situated along the northeastern side of Secondary Route 51/1, the portion thereof being con- veyed herewith being all of Lot 1-A as bounded and described on the plat showing division of Clinton L. Corbin and Jenny M. Corbin, surveyed by Howard W. Speaks, Jr Professional Engi- neer, said plat being dated June 25, 1978, and recorded in said Clerk's Office in Deed Book 471, at Page 535, to which reference is made for a more particular de- scription. Being the same property con- veyed to lan J. Titus and Kris- tina D. Titus by the Deed dated January 9, 2004 and recorded in Deed Book 984, at Page 425 in the Office of the Clerk of the County Commission of Jefferson County, West Virginia. TERMS OF SALE: 1) The property will be con- veyed in an "AS IS" physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbranc- es, restrictions, rights-of-ways, easements, covenants, convey- ances and conditions of record in the Clerk's office or affecting the subject property. 2) The Purchaser shall be re- sponsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to continue sale of the sub- ject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5) The Trustee shall be under ginia, and by Deed of Trust dated TERMS OF SALE January 13, 2006, executed by 1. Cash in hand paid on the Robert C. Henshaw and Debra J. Henshaw to BB&T Collateral . day of sale. 2. The sale of the property will Service Corporation, Trustee,be made subject to all matters which deed of trust is of record in the Office of the Clerk of Jef- having priority over the deed of ferson County, West Virginia, in trust referred to herein includ- Trust Deed Book 1521 at Page ing but not limited to any and all Oo7", tho undersigned 8ubotitut~ assessment.q and taxes again t Trustee has been requested, said property, all prior liens, en- in writing, by the beneficiary cumbrances, lease, restrictions, of said deed of trust to sell the covenants, conditions, right of real estate described below, as ways and easements of any na- there has been a default under ture whatsoever. the terms and conditions of said 3. The purchaser shall be re- deed of trust. Therefore, the sponsible for the payment of the undersigned Substitute Trustee transfer taxes imposed by West will sell the real estate described Virginia Code 11-22-2. in the Deed of Trust, at a public 4. The subject property will be auction on January 24, 2018 at sold in "AS IS" condition. The 5:08 p.m. to the highest bidder at Substitute Trustee makes no the front door of the Courthouse representations and warranties of said County of Jefferson, in of any kind or character includ- Charles Town, West Virginia, ing, but not limited to, the con- which real estate is more com- dition of the real estate or the pletely described as follows: title to the real estate to be con- SITUATE IN MIDDLEWAY veyed. DISTRICT, JEFFERSON 5. The Substitute Trustee shall 'COUNTY, WEST VIRGINIA, be under no duty to cause any ON THE NORTH SIDE OF existing tenant or person occu- WEST VIRGINIA PRIMARY pying the subject property to va- ROUTE 51, THE SMITHFIELD- cate said property. CHARLES TOWN-HARPERS 6. The Substitute Trustee re- FERRY TURNPIKE, AND AP- serves the right to adjourn the PROXIMATELY 1 MILE SOUTH- sale, for a time, or from time to time, without further notice EAST OF MIDDLEWAY, AND BEING MORE PARTICULARLY by announcement at the time BOUNDED AND DESCRIBED and place of the sale described ACCORDING TO A SURVEY above. AND PLAT THEREOF MADE 7. The beneficiary of the Deed BY CHARLES K. SAGER, LI- of Trust and holder of the note CENSED LAND SURVEYOR, thereby secured reserves the ATTACHED TO AND RECORD- right to submit a bid for the prop- ED WITH A DEED FROM WlL- erty at the sale, which bid may be in the form of a credit bid. LOUGHBY E. HENSHAW, ET UX, TO ROBERT C. HENSHAW, 8. Such other terms as may be announced at the time of Sale. DATED SEPTEMBER 22, 1980, AND RECORDED IN THE OF- Given under my hand this FICE OF THE CLERK OF THE 29th day of December, 2017. COUNTY COMMISSION OF By JEFFERSON COUNTY, WEST Richard A. Pill, VIRGINIA, IN DEED BOOK 475, Substitute Trustee PAGE 566, AND MORE PAR- 304-263-4971 TICULARLY DESCRIBED AS foreclosure@pillwvlaw.com FOLLOWS, TO-WIT: 1/3/2t WEST VIRGINIA DEPARTMENT OF TRANSPORTATION Division of Highways NOTICE TO CONTRACTORS Bids will be received electronically by the West Virginia Depart- ment of Transportation, Division of Highways through the Bid Ex- press Bidding Service (www.bidx.com) and by sealed proposals (only when prequalification is waived) being received at its office in Building 5, Room 843, 1900 Kanawha Boulevard East, Charleston, West Virginia until February 13, 2018 at 10:00 a.m. (Eastern Stan- dard Time). The bids will be downloaded and/or opened and read publicly thereafter for the construction of the following project(s): State Call Contract Pro!ect 007 1719928 $319-340- 14.40 00 Federal Pro!ect Description NFA- DRAINAGE 2217 IMPROVEMENTS (002)D US 340 EXPRESSWAY DRAINAGE US 340 EXPRESSWAY DRAINAGE COUNTY: JEFFERSON Proposals will be received from prequalified and West Virginia licensed contractors only except that on Federal-Aid Projects a con- tractors' license is not required at time of bid, but will be required be- fore work can begin. Registration is required with the Department of Administration, Division of Purchasing, in accordance with Chapter 5A, Article 3, Section 12 of the West Virginia Code. All contractors submitting bids on project(s) must include one of the following forms. properly executed with each proposal: Proposal Guaranty Bond, Cashier's Check, or Certified Check for $500.00 or 5% of total bid, whichever is greater. *These are projects on which any contractor with a Category "W" Prequalification Rating may be eligible to bid. The West Virginia Department of Transportation, Division of High- ways reserves the right to defer, delay or postpone the date for re- ceiving and publicly opening proposals for any project designated in this advertisement, without the necessity of renewing such adver- tisement. All bidders holding valid bidding proposals will be notified of such deferment, delay or postponement and the date that propos- als will be received and publicly opened. The West Virginia Department of Transportation, Division of High- ways hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will be not be discriminated against on the grounds of race, color, religion, sex or national origin in con- sideration for an award. West Virginia Department of Transportation Division of Highways Robert Pennington, Deputy State Highway Engineer - Planning and Programming 1/3/2t ]= l I