TRUSTEES’ SALE OF VALUABLE REAL ESTATE
174 Scarce Fat Road, Mineral Wells, WV 26150
In a Deed of Trust dated December 19, 2008, and duly recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed of Trust Book 1528, at Page 790, F. Richard Sommerville and Alta Sommerville, husband and wife, did convey unto DAVID G. PALMER, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Wood County Courthouse, 1 Court Square, Parkersburg, West Virginia 26101 on:
May 24, 2022
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
SITUATE IN THE DISTRICT OF SLATE, COUNTY OF WOOD, AND THE STATE OF WEST VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A FENCE POST SET IN THE SOUTHERLY RIGHT OF WAY LINE OF W. VA. SECONDARY ROUTE NO. 14/2, SAID FENCE POST BEING A CORNER TO A ONE ACRE TRACT OF FRANCES EUGENE AND E. DORIS DUCKWORTH; THENCE, WITH A LINE OF THE SAID ONE ACRE TRACT OF FRANCIS EUGENE AND E. DORIS DUCKWORTH, S. 62 00` E, A DISTANCE OF 165.0 FEET TO A FENCE POST CORNER TO THE AFORESAID ONE ACRE TRACT; THENCE, LEAVING THE SAID ONE ACRE TRACT, S. 28 00` W. A DISTANCE OF 132.0 FEET TO A STAKE; THENCE, N. 62 00` W. PASSING A FENCE LINE AT 162.9 FEET, IN ALL A DISTANCE OF 165.0 FEET TO A STAKE SET IN THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF W. VA. SECONDARY ROUTE NO. 14/2; THENCE, WITH THE SAID SOUTHERLY RIGHT OF WAY LINE, N. 28 00` E. A DISTANCE OF 132.0 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.50 ACRE, MORE OR LESS, AS THE SAME IS SHOWN ON THE PLAT WHICH IS ATTACHED TO A CERTAIN DEED BEARING DATE THE 9TH DAY OF SEPTEMBER 1976, WHEREIN ALMA MARIE LAYTON, WIDOW, CONVEYED UNTO JOHN E. ALLMAN, AS SHOWN IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF WOOD COUNTY, WEST VIRGINIA IN DEED BOOK 677, AT PAGE 417 WHICH REFERENCE IS HEREBY MADE AND HAD FOR A MORE PARTICULAR DESCRIPTION.
BEING THE SAME REAL ESTATE CONVEYED UNTO F. RICHARD SOMMERVILLE AND ALTA SOMMERVILLE, BY A DEED DATED JUNE 14, 1978, AND RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 705, AT PAGE 666.
THIS CONVEYANCE IS MADE SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, RESERVATIONS AND PROTECTIVE COVENANTS, INCLUDING BUT NOT LIMITED TO ALL OIL, GAS AND MINERAL EXCEPTIONS, RESERVATIONS AND LEASES, APPEARING IN THE CHAIN OF TITLE.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Wood County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $7,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
Mar 30, Apr 6