NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that under authority of that certain Deed of Trust hereinafter described, the undersigned Substitute Trustee will by virtue of authority vested in him at the front door of the Pendleton County Courthouse in Franklin, West Virginia,
AT 11:00 A.M.
ON MARCH 17, 2017
offer for sale certain property described in that Deed of Trust executed by Teri L. Thompson to Marla Zelene Harman, Trustee, which deed of trust is described as bearing date the 8th day of September, 2011, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 134, at Page 481, and given to secure BLUE GRASS VALLEY BANK, the Beneficiary (as well as Trust Deed Book 128, at Page 310, to secure Pendleton Community Bank of Franklin, West Virginia; Judgment Book 13, Page 491 and 490, in favor of the West Virginia State Tax Department, as well as Judgments for the State’s behalf on The Korner Kafe, which the above named individual is an officer, namely Judgment Book 13, at Pages 625; 595; 513; 484; 427 and 367; Federal Tax Lien Book 2, Pages 71 and 61, in favor of the Internal Revenue Service, as well as Liens on the IRS’s behalf namely Federal Tax Lien Book 2, Pages 48 and 47, on Craig E. Thompson, officer of the Korner Kafe; but not the parties initiating the foreclosure), the payment of certain indebtedness represented by note(s) therein described, of which property is described as being that certain tract or parcel of real estate, together with any buildings and improvements thereon located situated in Franklin Corporation, Pendleton County, West Virginia, more particularly described as follows, to-wit:
BEGINNING at the South eastern corner of a lot owned by Enterprize Construction LTD, Inc., then in a north westerly direction N. 56 degrees 56’ E. 90 feet to a stake, thence N. 35 degrees 03’ E. 125 feet to a stake, thence S. 56 degrees 56’ E. 90 feet to a stake, thence S. 35 degrees 03’ 125 feet to the place of the beginning, containing 11,250.00 square feet, more or less, and being the same real estate that was granted and conveyed to Teri L. Thompson, Grantor herein, by Deed dated August 25, 2009, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 183, at Page 369, to which reference is herewith made for all pertinent purposes.
Said Substitute Trustee was duly appointed by instrument dated 9th day of January, 2017, and of record in the Clerk’s Office aforesaid in Trust Deed Book 153, at Page 484.
The Grantor further grants and conveys unto the Grantees, their heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.
This sale and the conveyance of title to the above described real property will be by Special Warranty. Environmental warranties disclaimed and subject to all covenants, restriction, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, with limitation. The subject property will be sold as “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
This sale is also made subject to the rights of tenants under the Protecting Tenants at Foreclosure Act of 2009. Neither the Substitute Trust nor the holder of said note makes any representation or warranties as to the existence of any leases or other occupancy agreements affecting the subject property.
The real property taxes on the above described will be prorated as of date of sale and any excise tax shall be paid by purchaser as well as recording costs upon recordation of said special warranty deed.
FEDERAL TAX LIEN: In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
TERMS OF SALE: Twenty Percent (20{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) in hand on day of sale or evidence of credit acceptable to the secured party, and balance at closing, not to exceed thirty days. Announcements made at sale take precedence over any written notice or advertisement.
The undersigned Substitute Trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof. The secured party reserves the right to purchase the property at such sale.
Persons interested in viewing the property may contact Jeffrey S. Bowers, PO Box 849, Franklin, West Virginia 26807, (304) 358-3333 or Blue Grass Valley Bank, 540-468-1915.
DATED this 2nd day of February, 2017
JEFFREY S. BOWERS,
SUBSTITUTE TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333 3-9-2c