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 11:10 A.M.
ON FRIDAY,
MAY 26, 2017
offer for sale certain property described in that deed of trust executed by Samuel S. Johnston (aka Samuel Johnston; aka Samuel A. Johnston) and Amy S. Johnston (aka Amy Johnston; aka Amy J. Johnston) to Mark H. Wright or C. David Robertson, Trustees, which deed of trust is described as bearing date the 23rd day of July, 2008, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 121, at Page 202, and given to secure SUMMIT COMMUNITY BANK, the Beneficiary, (as well as Judgment Book 13, Page 440, in favor of Summit Community Bank; Judgment 13, Page 629, and Judgment Book 14, at Page 197, in favor of the West Virginia State Tax Department, but not the party initiating the foreclosure) the payment of certain indebtedness represented by notes therein described, of which property is described as being situated in Circleville District, Pendleton County, West Virginia, more particularly described as follows, to-wit:
TRACT ONE: All of that certain tract or parcel of real estate lying and being situated East of the Straight Fork of the North Fork of the South Branch of the Potomac River, in Circleville District, Pendleton County, West Virginia, and on the East side of West Virginia Secondary Route 19 and 737.0 feet North of the Virginia line, being more particularly described as follows:
BEGINNING at a ½” x 18″ iron pipe set on the East right-of-way of West Virginia Secondary Route 19, witnessed by the center of the East end of a 36″ x 52″ metal culvert N. 29 E. 34.3 feet and by a ½” x 18″ iron pipe, corner of Ken Warner’s 4.36 acre tract, S. 49 W 220 feet; thence, with four new division lines through the land of Richard Warner N. 87-54 E. 26.73 feet crossing a drain to a ½” x 18″ iron pipe set at the foot of a bank; thence, with the foot of the bank S. 04-12 W. 303.43 feet to a ½” x 18″ iron pipe set ten feet South of the mouth of a hollow; thence S. 34-23 W. 120.99 feet continuing with the foot of the bank to a ½” x 18″ iron pipe set at the foot of the bank; thence, N. 64-28 W. 226.82 feet to a ½” x 18″ iron pipe on the East right-of-way of West Virginia Secondary Route 19; thence, up said right-of-way N. 41-29 E. 405.38 feet to the beginning, containing 1.35 acres, more or less.
TRACT TWO: All of that certain tract or parcel of real estate lying and being situated on the east side of Straight Fork, a tributary of the North Fork of the South Branch of the Potomac River, on both sides of West Virginia Secondary Route 19, the Upper North Fork Road, in Circleville District, Pendleton County, West Virginia, and being more particularly described as follows:
BEGINNING at an ½” iron pipe found at the foot of a hill, corner of Jerry and Debra Smith’s 1.35 acre tract (100/306); thence, with a new division line with Richard Warner, S. 35-13 W. 251.61 feet to a ½” iron road set at the foot of a hill in a fence, division comer between this tract and a 2.27 acre tract surveyed this day for Hal Warner; thence, with lines of the same, N. 49-30 W. 250.08 feet to a ½” iron pipe set on the east right of way of West Virginia Secondary Route 19; thence, same course continued crossing the road N. 49-30 W. 87.l0 feet to a point in the middle of Straight Fork; thence, leaving the 2.27 acre tract and with USFS tract 38B, N. 39-51 E. 170.66 feet down Straight Fork to a point in the middle of the same; thence, leaving the middle of Straight Fork, N. 15-54 E. 225.69 feet to a ½” iron pipe found in a stone pile, and being a corner of Osward Kenneth and Carolyn Warner’s 4.36 acre tract; thence, leaving USFS tract 38B and with said 4.36 acres, S. 50-40 E. 194.93 feet passing a corner of said tract at 165.56 feet to a point on a line of Jerry and Debra Smith’s 1.35 acre tract; thence with lines of the same, S. 41-54 W. 186.52 feet to a ½” iron pipe found on the east right of way of West Virginia Secondary Route 19, corner of same; thence, S. 64-06 E. 226.82 feet to the beginning and containing 2.25 acres, more or less.
Samuel Johnston and Amy Johnston herein obtained title to the aforesaid real estate by that certain deed from Debra Simmons (formerly Debra Smith) and Marshall Simmons, which deed is dated the 23rd day of July, 2008, recorded the 24th day of July, 2008, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 178, at Page 410, to which reference is herewith made to the aforesaid deed for all pertinent purposes.
The Grantors further grants and conveys unto the Grantee, his heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.
Said Substitute Trustee was duly appointed by instrument dated 14th day of March, 2017, and of record in the Clerk’s Office aforesaid in Trust Deed Book 154, at Page 234.
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 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 Trustee (Substitute Trustee) 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 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.
DATED this 7th day of April, 2017.
JEFFREY S. BOWERS, SUBSTITUTE TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333 5-18-2c