NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed the 22nd day of December, 2010, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 133, at page 299 (the “Deed of Trust”), made by Michael Shane Huffman and April Samantha Pratt (“Grantors”), to Casie McGee, in his/her capacity as Trustee (the “Original Trustee”), predecessor in interest to Paige K. Vagnetti (the “Substitute Trustee”), in favor of Vanderbilt Mortgage and Finance, LLC (the “Beneficiary”), to secure the payment of a note in the amount of $45,499.45. By Substitute of Trustee dated February 25, 2016, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 151, at page 263, Marc B. Lazenby was named substitute trustee. The Substitute Trustee herein was appointed in Marc Lazenby’s place and stead, by instrument recorded in the aforesaid Clerk’s office in Trust Deed Book 154, at page 476. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) on:
JUNE 27, 2017,
AT 11:00 A.M.,
ON THE FRONT STEPS OF THE PENDLETON COUNTY COURTHOUSE, FRANKLIN, WEST VIRGINIA.
REAL ESTATE
DESCRIPTION:
Located in the UNION DISTRICT, County of Pendleton, and State of West Virginia, to-wit:
All that certain lot or parcel of land with all improvements and appurtenances thereunto belonging, situate on Timber Ridge, in Union District, Pendleton County, West Virginia, and more particularly bounded and described as follows:
Beginning at a point in the center of County Route 6, in the line of JW Thompson and L. Thompson, from which point a corner fence post bears N 45-54-14 W, 18.19 feet and a utility pole bears S 48-06-46 W, 18.19 feet and a utility pole bears S 48-06-46 W, 264.30 feet:
Thence with sixteen (16) lines through the land of said L. Thompson and the center line of said County Route 6:
N 34-40-53 E 131.10 feet to a point, thence
N 34-55-57 E 79.19 feet to a point, thence
N 41-08-26 E 103.94 feet to a point, thence
N 49-18-53 E 87.52 feet to a point, thence
N 53-48-31 E 68.60 feet to a point, thence
N 60-47-04 E 113.06 feet to a point, thence
N 67-39-30 E 115.78 feet to a point, thence
N 69-54-42 E 114.76 feet to a point, thence
N 73-24-31 E 115.71 feet to a point, thence
N 79-01-47 E 43.57 feet to a point, thence
N 61-41-26 E 49.05 feet to a point, thence
N 30-21-36 E 45.03 feet to a point, thence
N 06-01-37 E 16.56 feet to a point, thence
N 09-23-44 W 98.82 feet to a point, thence
N 02-58-49 E 26.11 feet to a point, thence
N 28-28-31 E 211.07 feet to a point, in the line off R. Raines, et al, from which point a stone found at a fence post bears N 14-48-20 W, 103.49 feet and a painted stone found (original corner) bears N 17-43-54 W 376.61 feet,
Thence with a line with said R. Raines, et al., S 17-43-54 E passing a hacked tree at 18.63 feet, in all a total distance of 362.12 feet to a 5/8 rebar set, in the line of said L. Thompson;
Thence with a line through the land of said L. Thompson, S 34-58-15 W 971.65 feet to a 5/8 inch rebar set, in the line of DA & SS Raines;
Thence with a line with said DA & SS Raines N 82-55-40 W 162.56 feet to a 5/8 inch rebar set, a common corner with said JW Thompson;
Thence with a line with said JW Thompson, N 57-51-20 W passing a 5/8 inch rebar set on the southern right of way of said County Route 6 at 366.10 feet, in all a total distance of 381.40 feet to the point of beginning, containing 10.00 acres, more or less, as surveyed in October, 2010, by Gilbertson Hogan Associates of Weston, West Virginia, and as shown on a plat of survey, of record in the aforesaid Clerk’s Office.
Title Reference – Deed Book 187, at page 441.
In addition to the real property described above, the sale will also include and the Purchaser will acquire that certain Kentuckian mobile home, serial number GM10340.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in his or her opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid.
The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Lewis County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee, Paige K. Vagnetti, Esquire, at Dinsmore & Shohl LLP, 215 Don Knotts Boulevard, Suite 310, WV 26501, (304)296-1100. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
Given under my hand this 12th day of May, 2017.
Paige K. Vagnetti,
Substitute Trustee
Dinsmore & Shohl LLP
• Legal Counsel
215 Don Knotts, Blvd.,
Suite 310
Morgantown, WV 26501
Phone (304) 296-1100
Fax (304) 296-6116
5-25-2c