NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated August 13, 2021, recorded in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book 851, at Page 558, given by James Conley Justice, III to David M. Moore, Trustee for First Guaranty Bank, a Louisiana Banking Association, securing a Promissory Note in the amount of $2,320,000.00 and by First Amendment and Modification to Deed of Trust, dated the 15th December, 2022, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Trust Deed Book 877, at page 195; said Trustee failing to perform, Paul O. Clay, Jr., Successor Trustee was appointed as evidenced by that certain Substitution of Trustee, dated August 15, 2023, and recorded in the aforesaid Clerk’s Office in Trust Deed Book Substitution of Trustee Book 884, at Page 531; default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will sell at public auction at the front door leading to the Clerk of the County Commission at the Courthouse of Greenbrier County, Lewisburg, West Virginia, on Monday, December 9, 2024 at 10:00 a.m., the following described real estate situate in White Sulphur District, Greenbrier County, West Virginia, and being more particularly bounded and described as follows, to-wit:
All that SURFACE ONLY of that certain lot, tract or parcel of land, together with the buildings, thereon, and the easements, rights-of-way and appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia and more particularly designated and described as Lot/Unit No. Nine (9) of Traveller’s Hill of the planned community known as “The Greenbrier Sporting Club”, as shown upon a map or plat thereof dated April 6, 2001, by Draper Aden Associates, Engineering, titled “Subdivision Plat, Traveller’s Hill-The Greenbrier Sporting Club” filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book 4, Hanging File No. A-198 (the “Unit”), together with a nonexclusive, perpetual right of way and easement, (the “Access Easement”), in common with owners of other Lots/Units in Traveller’s Hill and CSX Hotels, Inc., and their respective employees, agents, contractors, lessees, invitees, successors, and assigns, over and across a certain private road connecting the Traveller’s Hill to US Route 60 (the “Access Road”), for the purposes of providing vehicular and pedestrian ingress and egress from the Unit from and to US Route 60. The center line of the Access Road is shown on a plat dated April 6, 2001, prepared by Draper Aden Associates, entitled “Right of Way/Easement Plat, Traveller’s Hill- The Greenbrier Sporting Club, White Sulphur Springs, Greenbrier County, West Virginia”, a copy of which is filed in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, indexed in Record of Maps Book No. 4, Hanging File No. A-199.
And being the same real property conveyed unto James C. Justice, III, by deed dated May 28, 2021 from Jerry A. West and Karen C. West, husband and wife, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 630, at page 626.
The above-described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust.
The Successor Trustee herein asserts, to the best of his knowledge and belief, that the party in interest is not a member of the Armed Forces of the United States, and is therefore not entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash in hand on day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Successor Trustee to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid.
The Successor Trustee does not warrant title to or fitness of this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale.
CONTINUANCE OR ADJOURNMENT OF SALE:
The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 19th DAY OF NOVEMBER, 2024.
PAUL O. CLAY, JR
SUCCESSOR TRUSTEE
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