TRUSTEES’ SALE OF VALUABLE REAL ESTATE
209 Oak Drive, Beverly, WV 26253
In a Deed of Trust dated February 27, 2018, and duly recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed of Trust Book 564, at page 234 Adam N. Plauger and Marissa C. Plauger did convey unto JEFFERSON L TRIPLETT, 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 Randolph County Courthouse, 2 Randolph Avenue, Elkins, West Virginia 26241 on:
June 29, 2023
At 02:00 PM
The property for sale as described by the Deed of Trust is as follows:
A PARCEL OF LAND SITUATE IN BEVERLY DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA, ABOUT 500 FEET +- FROM TOWN OF BEVERLY, LYING ON THE EAST SIDE OF U. S. ROUTE NO. 250, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
“BEGINNING AT 1″ IRON ROD AT RIGHTWAY LINE OF 30 FOOT RIGHTWAY, LEAVING 30 FOOT RIGHTWAY, S. 13*- 39′ W, 195.17 FEET TO 5/8” IRON ROD NEAR STUMP;
THENCE: S. 21* – 10′ W, 78.00 FEET TO 5/8″ IRON ROD;
THENCE: N. 68* – 13′ W, 1 55.96 FEET TO 5/8″ IRON ROD IN CENTER OF 30 FOOT RIGHTWAY;
THENCE: WITH TWO LINES IN CENTER OF 30 FOOT RIGHTWAY, N. 38* – 20′ E, 78.00 FEET TO 60 PENNY NAIL, N. 2* – 29′ E, 240.41 FEET TO RIGHTWAY LINE OF 30 FOOT RIGHTWAY;
THENCE: WITH RIGHTWAY LINE S. 59* – 54′ E, 20.50 FEET TO 1″ IRON ROD;
THENCE: WITH RIGHTWAY LINE, S. 58* 0 36′ E, 166.14 FEET TO PLACE OF BEGINNING, CONTAINING 1.00 ACRE, AS SURVEYED BY WILLIAM E. GIBBONS, MAY 1987, AND SHOWN AS LOT NO. 7.”
AND BEING THE SAME REAL ESTATE CONVEYED TO ADAM N. PLAUGER AND MARISSA C. PLAUGER, HUSBAND AND WIFE, BY GLADYS K. CRITCHLEY BY VIRTUE OF A DEED DATED THE 27TH DAY OF FEBRUARY, 2018 AND TO BE AND TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RANDOLPH COUNTY, WEST VIRGINIA, IMMEDIATELY PRIOR TO THE RECORDATION OF THIS DEED OF TRUST.
THIS CONVEYANCE IS MADE SUBJECT TO THOSE CERTAIN COVENANTS AND RESTRICTIONS AS SET FORTH IN THE ABOVE REFERRED TO DEED AS FOLLOWS:
“1. THIS PROPERTY SHALL BE USED SOLELY FOR A SINGLE FAMILY RESIDENTIAL DWELLING, AND COMMERCIAL USE OF THE LOT IS HEREBY CONVEYED IS PROHIBITED
2. THE RESIDENCE OR DWELLING OF THIS PROPERTY SHALL BE CONSTRUCTED WITH A MARKET VALUE, BASED UPON 1982 VALUES OF NOT LESS THAN $40,000.00, EXCLUDING THE ATTACHED GARAGE OR OUTBUILDINGS.
3. THERE SHALL BE NO DIVISION OF LOTS OR PARCELS ON CEMETERY HILL PARCELS OF APPROXIMATELY 8 ACRES, UNLESS THE LOT OR PARCEL TO BE DIVIDED EXCEEDS TWO ACRES IN SIZE AND THE DIVIDED PORTIONS OF EACH REMAINING LOT SHALL NOT BE LESS THAN ONE ACRE IN SIZE.
4. THE DEVELOPERS DO HEREBY RESERVE THE NECESSARY RIGHT OF WAY FOR UTILITY CONSTRUCTION AND MAINTENANCE. SUCH RIGHTS OF WAY SHALL BE LOCATED SO AS NOT TO INTERFERE WITH, OR BE INCONVENIENT AS TO, ANY CONSTRUCTION SITES OR CONSTRUCTED BUILDING.
5. THE GRANTEES SHALL BE RESPONSIBLE FOR ALL REPAIRS OCCASIONED BY DAMAGE DONE TO GRAVEL ROADS BY ANY CONSTRUCTION VEHICLES USED BY, OR ON BEHALF OF THE GRANTEE.”
THIS CONVEYANCE IS FURTHER MADE SUBJECT TO THAT CERTAIN RESERVATION OF A PERPETUAL EASEMENT THIRTY (30′) FEET IN WIDTH AS SET FORTH IN THE ABOVE REFERRED AND THE FOLLOWING LANGUAGE AS SET FORTH IN SAID DEED: “EACH GRANTEE OF LAND FROM THOSE GRANTORS WHO WILL USE SAID ROADWAY WILL BECOME MEMBERS OF RIGGLEMAN HOMEOWNERS ASSOCIATION WHOSE MEMBERS SHALL HAVE EQUAL VOTE AND SHARE EQUALLY THE COST AND EXPENSE OF MAINTENANCE OF SAID ROADWAY.”
THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL RESERVATIONS, RESTRICTIONS, EXCEPTIONS, COVENANTS, AGREEMENTS, RIGHTS-OF-WAY AND EASEMENTS AS MAY BE SET FORTH IN PRIOR INSTRUMENTS OF RECORD IN THE CHAIN OF TITLE TO SAID REAL ESTATE.
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 Randolph 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 section 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 $15,000.00 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.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111, Fax: (215) 572-5025
www.sterneisenberg.com
4/21, 4/28