By virtue of the authority vested in your undersigned trustee by that certain Deed of Trust dated the 29th day of January 2009, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book 490, at Page 756, executed by John Ruark to Jack H. Walters and Howard E. Krauskopf, Trustees, either of whom may act, to secure the payment of that certain negotiable promissory note described therein, payable to the order of Garnett R. Turner and Lena A. Turner, his wife, at their address of 11525 Brocks Gap Road, Fulks Run, Virginia 22830 and signed by John Ruark, as Maker, and default having occurred in the payment of said negotiable promissory note secured by the Deed of Trust set forth herein above and the said Garnett R. Turner, as a beneficial holder of said Note, having notified the undersigned Trustee in writing to do so, said Trustee will offer for sale at public auction to the highest bidder, the following tract or parcel of real estate at the courthouse in Romney, Hampshire County, West Virginia on
THURSDAY, AUGUST 18, 2016
AT 10:00 a.m.
all that certain tract or parcel of real estate containing 5.040 acres, more or less, together with any and all rights, rights of way, easements, minerals, improvements and appurtenances thereunto belonging, lying and being situate in Springfield District, Hampshire County, West Virginia and being known and designated as “Tract 26” of the subdivision known as “Long Acre Estates” which said tract or parcel of real estate is more specifically described on a Plat of said subdivision made by Frank A. Whitacre Licensed Land Surveyor #506, which said Plat or Map is of record in the Office of the Clerk of the County Commission of the Hampshire County, West Virginia in Map Book 5, at Page 76. Reference is hereby made to the said aforementioned Plat or Map for a more particular description of the tract or parcel of real estate being offered for sale herein.
And being the same tract or parcel of real estate conveyed unto John Ruark by Garnett R. Turner and Lena A. Turner by that certain Deed dated January 29, 2009, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Deed Book 481, at Page 138. Reference is hereby made to the said aforementioned Deed for any and all pertinent purposes.
The tract or parcel of real estate being offered for sale herein is being offered for sale, subject to any and all restrictions, reservations, covenants, conditions, easements and rights-of-way, contained in, provided for or reserved in any and all prior instruments in chain of title. Specific reference is made to those certain covenants and restrictions of record in Deed Book 481 at Page 138 in the Office of the Clerk of the County Commission of Hampshire County, West Virginia. Same shall be incorporated into the Deed of Conveyance, by reference, to the high bidder at the sale referenced herein.
The tract or parcel of real estate offered for sale herein is situate in a unique and exclusive development in Hampshire County, West Virginia and same is serviced by an excellent access road.
The real estate shall be conveyed unto the highest bidder by special warranty deed from your undersigned Trustee.
Real estate taxes on the real estate the subject of this sale notice shall be paid by the owner or beneficial holder of the negotiable promissory note referred to herein for all those taxes coming due to and through the Spring of 2016. The high bidder shall be responsible for the taxes that become due in the Fall of 2016 and henceforth.
The Trustee shall be under no duty to cause any existing tenant or person occupying subject real estate to vacate said property.
The real estate offered for sale herein is designated as Parcel 0127 of Map 16 of Springfield District, Hampshire County, West Virginia.
All costs for Deed preparation and transfer stamps shall be paid by the purchaser.
In the event that there are Federal Tax Liens of record against the real estate the subject of the sale notice, the United States Government shall have the right to redeem the real estate within 120 days from the date of said sale or a period allowable for said redemption, whichever is longer.
TERMS: A $5,000.00 deposit is required on day of sale with the balance to be paid at closing. Closing is to occur at the office of your undersigned trustee at Walters & Heishman, PLLC at 204 North Elm Street, across from the Courthouse, in Moorefield, Hardy County, West Virginia, at a date and time to be mutually agreed upon between the Trustee and the high bidder, which said date and time shall not exceed twenty (20) days from the date of sale. Failure to close in accordance with the terms herein shall result in the forfeiture of the deposit. Purchaser may elect to pay the entire purchase price on day of sale.
Prospective bidders are invited to contact your undersigned trustee or Capon Valley Bank, prior to the day of sale with regard to any and all questions that might arise.
Jack H. Walters, Trustee
H. Junior Wilson WALTERS & HEISHMAN, PLLC
Auctioneer P.O. Box 119, Moorefield, WV 26836
304-530-6618
7-27-3c