Legal
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TRUSTEES’ NOTICE OF SALE
VALUABLE REAL ESTATE
SITUATE IN TOWN OF THOMAS, TUCKER COUNTY, WEST VIRGINIA
NOTICE IS HEREBY given to you that, pursuant to the authority vested in the undersigned Trustee, Pat A. Nichols, pursuant to that certain Deed of Trust executed by Robert E. Dement and Emma Jean Dement, husband and wife, in the payment and performance of certain obligations set forth therein, which Deed of Trust bears date of June 12, 2009, and which Deed of Trust is of record in the Office of the Clerk of the Tucker County Commission, in Deed of Trust Book No. 239 at Page 170; and default having been made under the aforementioned Deed of Trust, and the undersigned Trustee, Pat A. Nichols having been instructed by the secured party of the said Deed of Trust to foreclose thereunto and the maker of the said note and obligations having failed to pay the same as provided under the terms of the said Deed of Trust and Note, and the holder of said Deed ofTrust and Note having declared the whole of said indebtedness to be due and payable, and having requested the undersigned Trustee in writing to make sale of the said real estate, located in the Town of Hendricks, Tucker County, West Virginia and described in said Deed ofTrust, I, PAT A. NICHOLS, TRUSTEE, SHALL OFFER FOR SALE AT PUBLIC AUCTION AT THE FRONT DOOR OF THE TUCKER COUNTY COURTHOUSE, 101 W. MAIN STREET, CITY OF PARSONS, TUCKER COUNTY, WEST VIRGINIA ON; September 30, 2016 at 10:00 am, the following parcel of real estate situate in the Town of Thomas, Tucker County, West Virginia, being more particularly bounded and described as follows:
Part of Lot No. 15, beginning at a point in the division line of Lot No. 15 and Lot No. 14 at the edge of the alley bounding the rear of said Lot No. 15 and thence running with the alley for a distance of 50 feet to the corner of Lot No. 16; thence right with the division line of said lots; thence right in a straight line across Lot No. 15 for a distance of 50 feet to the division line between Lots No 15 and 14; thence right with the division line between Lots No. 15 and 14 for a distance of 55 feet to the place of beginning.
There is also conveyed a right-of-way being 65 feet long and .8 feet wide from East Avenue to Lot 15 as well as the right to keep and maintain a gas meter which is used to furnish gas service to Lot 15.
BEING the same real estate conveyed unto Robert E. Dement and Emma Jean Dement, husband and wife, by deed of Harry M. Rubenstein and Brenda S. Rubenstein, husband and wife, bearing date of January 17, 1986 and of record in the Office of the Clerk of the County Commission, Tucker County, West Virginia in Deed Book No. 114 at page 518.
This real estate is made subject to all exceptions, reservations and conditions set out in the chain of title.
TERMS OF SALE:
1. Cash in hand on day of sale or 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the purchase price by certified check, paid that day, or by a letter of credit from a leading institution on day of sale delivered to the Trustee and approved by the said Trustee.
2. The above-described parcel of real estate will be sold subject to all prior liens senior in priority to the Deed of Trust, if applicable, described, above, all unpaid real estate taxes or encumbrances and claims in favor of any municipality, county, or government entity, or other party, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights-of-way and easements recorded in the aforesaid Clerk’s Office prior to the Deed of Trust and affecting the subject real estate as well as any prescriptive easements that are unrecorded, if any, that may exist. The successful bidder shall pay all transfer stamps and recording fees, associated with the deed to be issued by the Trustee and the successful party and shall have twenty (20) days to close the transaction after the public sale.
3. The above described real estate will be sold by the undersigned Trustee by auction to the highest bidder subject to the right of the undersigned Trustee to reject any and all bids if, in his opinion, said bids are inadequate.
4. The owner ofthe indebtedness secured by the Deed of Trust shall have the right to bid at the public sale; and
5. The sale shall be without representation or warranty of any kind, express or implied and the Deed to be issued in this matter shall reflect the same.
6. The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
7. The Trustee shall be under no duty to cause any existing tenant or person occupying the real estate to vacate said property, and any personal property and/or belongings remaining at or on the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY by the successful bidder.
The Sale shall be made WITHOUT WARRANTY OF TITLE of any nature.
Any questions regarding the Public Sale of this real estate should be directed to the undersigned Trustee.
Pat A. Nichols
Attorney At Law
PO Box 201
200 Main St.
Parsons, West Virginia 26287
304 478-2127
304 4 78-2128 -fax
Email: [email protected]
State Bar #2734
Given under my hand this the 7th day of September, 2016.
PAT A. NICHOLS,
TRUSTEE