010119835 September 8,15,22
NOTICE OF TRUSTEE SALE
Pursuant to the authority vested in the undersigned Thomas R. Zimmerman, Trustee, a resident of Monongalia County, West Virginia, by Deed of Trust dated June 18, 2012, made and executed by Michael R. Cole and Trina C. Cole to DeAndra Burton, Trustee, which Deed of Trust is of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia in Trust Deed Book 1875, at page 801. Whereas, the holder and owner of the indebtedness secured thereby having substituted the trustee by instrument recorded with the Office of the said Clerk of the County Commission in Book 2201 at page 125, the undersigned Trustee has 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 he terms and conditions of said Deed of Trust, and the note thereby secured. Therefore, the undersigned Trustee, will sell some or all of the real estate, as may be required, described in the Deed of Trust at public auction to the highest bidder at the front door of the Monongalia County Courthouse, situate 243 High Street, Morgantown, West Virginia (sale will be held inside the courthouse near the front door in the event of inclement weather or closure of the exterior entrance due to construction) on:
Friday, September 29, 2017 at 11:00 A.M.
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying, and being in the District of Clinton, Monongalia County, West Virginia and more particularly described as follows:
BEGINNING at a point in the centerline of U.S. Route 119, which point is located South 59°30’00" West 30.27 feet, from a 1/2" iron pipe (set) at the Eastern right-of-way limits of U.S. route 119 and corner to lands of Charles Burns (see Deed Book 824, at Page 241), thence leaving the centerline of U.S. Route 119: North 59°30’00" East 485 feet, more or less to a 1/2" iron pipe (set), corner to property of Robert Lipscomb (see Deed Book 837, at Page253), thence South 43°58’50" East 278.80 feet to a point, thence South 13°08’25" East 79.38 feet to a point, thence South 47°50’05" East 99.66 feet to a point, thence South 23°00’40" East 14.85 feet to a point, thence South 23°00’40" East 40.00 feet to a point, corner to Clinton Water Association (see Deed Book 715, at Page 580), thence South 56°35’55" West 30.00 feet to a point, thence S 23°00’40" k: East 30.00 feet to a point, corner to Clinton Water Association (see Deed Book 888, at page422), thence with an old fence line South 56°35’55" West 513.39 feet to the centerline of U.S. Route
119, thence with the centerline of U.S. Route 119 North 26°10’10" West 85.83 feet to a point, thence North 26°26′ 10" West 18.91 feet to a point, thence North 26’10’10" West 77.00 feet to a point, thence with a curve to the left bearing chord North 29°31′ 15" West 225.48 feet to a point,
thence North 38°11’05" West 148.31 feet to the point and place of beginning and containing 6.389 acres, more or less, and more particularly shown by a survey of Randall R. Myers, dated February 17, 1994, and of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia in Map Cabinet No. 2, in Envelope 526B. There is excepted and reserved and not conveyed that certain lot or parcel of real estate conveyed to George Good and Kris Good in June of 2011 and more particularly bounded and described as follows:
Beginning at a stake in the right of way of U. S. and W. Va. Route 119, and corner to Nathan Kern’s lot and running with the reverse of his line, N. 75-3/40 E. 544.5 feet to a stake, another corner of said Kern’s lot; thence N. 31° W. 278.8 feet to a stake; S. 59-1/2° W. 485 feet to a stake; a point in said right of way, S. 39° E. 149.4 feet to the place of beginning, containing 2 acres, more or less.
TERMS OF SALE
1. Certified funds hand money in the amount of $5,000.00 on the day of sale and balance payable within 10 days.
2. Subject to any and all assessments and taxes and rights of government entities of every nature against said property, and all prior liens and encumbrances of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code as well as document preparation costs necessary to close the sale transaction.
4. 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 said described above or any adjournment thereof.
5. The subject property will be sold in "AS IS" condition. The Trustee shall be under no duty to cause any existing tenant or person occupying the s’hbject property to vacate said property. The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W.Va. Code ยง 38-1-
6. The Trustee makes no representation and warranties about the title of the real estate to be conveyed.
Given under my hand this 5th day of September 2017.
Thomas R. Zimm, Trustee 3461 University Avenue, Ste. 108 Morgantown, WV 26505
(304) 598-5900