NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE
NOTICE IS HEREBY GIVEN that pursuant to the authority vested in the undersigned Substitute Trustee under that certain Deed of Trust dated October 7, 2013, and recorded in the office of the Clerk of the County Commission of Greenbrier County, West Virginia (herein, the “Clerk’s office”), Trust Deed Book 722, at page 708 (herein called the “Deed of Trust”), from DANRON, INC., a West Virginia corporation as Grantor (herein called “Grantor”), to GEORGE A. METZ, JR., as Trustee, for the benefit of DIXON’S, INC., a West Virginia corporation (herein called “Lender”), securing the repayment of an obligation in the original amount of $750,000.00, the undersigned having appointed as Substitute Trustee under the Deed of Trust by Appointment of Substitute Trustee dated July 2, 2024, and recorded in the Clerk’s office in Trust Deed Book 895, at page 786, default having occurred under the terms of the Deed of Trust, and Lender, as the beneficiary under the Deed of Trust, having directed the undersigned Substitute Trustee in writing to commence sale proceedings thereunder, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder at the front door of the Courthouse of Greenbrier County, located at 912 Court Street, North, in the City of Lewisburg, Greenbrier County, West Virginia, on
OCTOBER 16, 2024, AT 11:00 A.M. EASTERN DAYLIGHT TIME
all right, title, and interest of Grantor in and to the following property and property interests listed below in Items A and B (collectively, the “Secured Property”):
A. All of the following described property located in the County of Greenbrier, which has the address of 1 PARCEL .266 AC Bolen MAP/PARCEL 26 0012 0000 RT 60 HARTS RUN, WHITE SULPHUR SPRINGS, West Virginia 24986 (herein called the “Land”), described as follows:
All that certain lot, tract, or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, located in the White Sulphur District of Greenbrier County, West Virginia, situate on the southerly side of U.S. Route 60, approximately two (2) miles west of the City of White Sulphur Springs, and originally being a part of the property known locally as “Mountain Home” which is particularly bounded and described as follows:
BEGINNING at a point on the south right of way line of U.S. Highway Route 60 at the northeasterly corner of the property leased by Roy D. Bowie to Sun Oil Company by lease agreement dated August 16, 1968, of record in hereinafter mentioned Clerk’s office in Deed Book 248, at page 82, and by amendment of description thereto dated February 8, 1969, of record in Deed Book 249, page 423; thence with the southerly side of U.S. Highway Route 60, S. 88° 33’ E. 180.66 feet, more or less, to a point thereon; thence continuing with said southerly line of U.S. Highway Route 60 S. 89° 6’ E. 19.35 feet to a point; thence leaving said Highway S. 1° 27’ W. 104.46 feet to a point on the north bank of Howards Creek; thence with the northerly line of Howards Creek Channel Easement S. 88° 49’ W. 200.22 feet to a point at the southeasterly corner of the aforesaid property leased to Sun Oil Company; thence with the line of same N 1° 27’ E. 113.47 feet to the southerly side of aforesaid U.S. Highway Route 60, the place of beginning.
Map #: 26, Parcel: 1 2
B. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be included.
TERMS OF SALE
The undersigned Substitute Trustee will offer the Secured Property for sale upon the following terms and conditions:
1. The purchaser shall pay the amount of the successful bid to the undersigned Substitute Trustee in cash or cash equivalent in hand at the time and place of the sale.
2. The undersigned Substitute Trustee may postpone sale of the Secured Property by public announcement at the time and place of any previously scheduled sale.
3. Lender or its designee may purchase the Secured Property at the sale.
4. The undersigned Substitute Trustee shall deliver title to the purchaser by Substitute Trustee’s deed conveying the Secured Property without any covenant or warranty, express or implied. The recitals in the Substitute Trustee’s Deed shall be prima facie evidence of the truth of the statements made therein.
5. The undersigned Substitute Trustee shall apply the proceeds of the sale in the following order: (1) to all expenses of the sale, including, but not limited to, reasonable fees of the undersigned Substitute Trustee as permitted by Applicable Law; (2) to all sums secured by the Deed of Trust; and (c) any excess to the person or persons legally entitled to it.
6. In the event that foreclosure proceedings are instituted but are not completed, the undersigned Substitute Trustee shall be reimbursed for all costs and expenses incurred by the undersigned Substitute Trustee in commencing such proceedings; and all costs and expenses so incurred by the undersigned Substitute Trustee, together with interest thereon until paid at the Note default rate, shall be and become a part of the obligations secured by the Deed of Trust and shall be collectible as such.
7. The sale shall be made subject to any and all unpaid assessments and taxes against the Secured Property and any and all prior liens and encumbrances against the Secured Property of any type whatsoever.
8. The purchaser shall pay the excise transfer tax imposed by W. Va. Code § 11-22-2.
9. The undersigned Substitute Trustee will have no duty to cause any tenant or other person occupying the Secured Property to vacate. The purchaser of the Property assumes sole responsibility for removal of any tenants or occupants of the Secured Property.
10. The Secured Property will be sold in “as is, where is” condition. The undersigned Substitute Trustee makes no representations or warranties about the physical condition of the Secured Property, the habitability of the Secured Property, or the fitness of the Secured Property for any particular purpose.
11. If the Secured Property is subject to any liens for unpaid Federal taxes, the United States will have the right to redeem the Secured Property from the purchaser within a period of 120 days from and after the date of the sale or the period allowed for redemption under state law, whichever is longer.
Any questions regarding the Secured Property or the terms of sale should be directed to the undersigned Substitute Trustee at telephone number (304) 520-3200, or by email to David@DavidHammondLaw.com.
Given under my hand this 18th day of September, 2024.
/s/ David G. Hammond
DAVID G. HAMMOND
Substitute Trustee
West Virginia Bar No. 4843
David Hammond Law PLLC
959 Washington Street West
Lewisburg, West Virginia 24901
(1,8oc)
