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 MAY 26, 2017
offer for sale certain property described in that Deed of Trust executed by GARY NESSELRODT and CHARLOTTE NESSELRODT (nka CHARLOTTE JONES) to GEORGE I. SPONAUGLE II, Trustee, which deed of trust is described as bearing date the 3rd day of June, 2006, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 110, at Page 389, and given to secure PENDLETON COMMUNITY BANK, the Beneficiary (as well as Judgment Book 13, Page 540 and 49, in favor of the West Virginia State Tax Department, as well as a Judgment Book 13, at Page 646, in favor of the Hardy County Magistrate Court, 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 those certain tracts or parcels of real estate, together with any buildings and improvements thereon located on the southwest side of Big Rough Run and 2,000 feet southeast of WV Secondary Rt. 21, in Bethel District Pendleton County, West Virginia, more particularly described as follows, to-wit:
TRACT NO. 1: BEGINNING at a 1/2″ iron pipe reset o the southwest side of Big Rough Run witnessed by a 13″ hemlock which bears S. 22 W. 9.1 feet and a 6″ dead locust which bears N. 88 W. 7.0 feet and the northeast corner of the Barboursville Sportman’s Club tract N. 77-11 W. 54.23 feet; thence, S. 43-10 E. 110.00 feet to a 1/2″ iron pipe set and witnessed by a sycamore; thence S. 37-40 W. 194.17 feet to a 1/2″ iron pipe set in a slough, a new division corner; thence, N. 40-46 W. 108.78 feet to a 1/2″ iron pipe set, a new division corner; thence, N. 37-03 E. 189.89 feet to the beginning, containing 0.47 acres or 20,637 square feet, more or less, and being the same real estate which was conveyed to Gary Nesselrodt and Charlotte Nesselrodt by James Michael Flippin and Monika Flippin, his wife, by deed dated July 24, 1987, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 119, at Page 417, to which reference is herewith made for all pertinent purposes.
TRACT NO. 2: BEGINNING at a 1/2″ iron pipe, the northeast corner of James and Monika Flippin’s 27,060 square foot lot and witnessed by a sycamore; thence, with three new division lines through W. C. Flippin’s 10-1/2 acre tract, S. 09-47 E. 44.98 feet to a 1/2″ iron pipe set; thence, S. 41-55 W. 132.78 feet to a 1/2″ iron pipe set; thence S. 74-18 W. 39.05 feet to a 1/2″ iron pipe in slough, a new division corner and on the line of James and Monika Flippin’s 27,060 square foot tract; thence with one line of said tract, N. 37-40 E. 194.17 feet to the beginning, containing 0.11 acre or 4,606 square feet, more or less, and being the same real estate which was conveyed to Gary Nesselrodt and Charlotte Nesselrodt by William C. Flippin and May E. Flippin, his wife, by deed dated July 23, 1987, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 119, at Page 420, to which reference is herewith made for all pertinent purposes.
Said Substitute Trustee was duly appointed by instrument dated 28th day of February, 2017, and of record in the Clerk’s Office aforesaid in Trust Deed Book 154, at Page 74.
The Grantors further grant and convey unto the Grantee, his 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 Pendleton Community Bank, 304-358-2311.
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