NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustees, in accordance with the provisions of that certain Deed of Trust-A Credit Line Deed of Trust dated September 11, 2018, made by Timothy Massey and Julie Massey, delivered to Jeffrey D. Noble, as Trustee, of record in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Trust Deed Book 286, at page 850 (the “Deed of Trust”), to secure indebtedness described therein payable to First Community Bank, in the amount of $167,000.00 as evidenced by that certain Promissory Note, dated September 11, 2018, made payable by Timothy Massey DBA: Tim Massey’s Auto Repair, to the order of First Community Bank (along with any renewals, adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Wyoming County, West Virginia, more particularly described herein;
WHEREAS, Pursuant to authority granted in the Deed of Trust, First Community Bank appointed Zachary J. Rosencrance and Jakeb H. Shuck, both residents of Kanawha County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated August 3, 2023, of record in the aforesaid Clerk’s Office in Trustee Appointment Book 301, at page 726.
First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustees that Timothy Massey and Julie Massey are in default under the terms of the Note and the terms of the Deed of Trust, and have requested, in writing, that the Successor Trustees sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustees will offer for sale at public auction on the 8th day of September 2023, at 11:00 a.m., prevailing Eastern time, at the front door of the Wyoming County Courthouse, 24 Cedar Avenue, Pineville, West Virginia 24874, the following described real property, together with its improvements thereon and appurtenances thereunto belonging, situate in Oceana District, Wyoming County, West Virginia, and being more particularly described as follows:
THAT CERTAIN TRACT OF [AND [SIC] CONTAINING 0.790 ACRES. SITUATE ON THE WATERS OF DRY BRANCH CREEK IN THE OCEANA DISTRICT OF WYOMING COUNTY, WEST VIRGINIA. LOCATED AT 84 WILDWOOD LANE IN OCEANA. AND BEING A PART OF THE SAME TRACT OF LAND CONVEYED BY THE POCAHONTAS LAND CORPORATION TO POCAHONTAS SURFACE INTERESTS INC BY DEED DATED THE 16TH DAY OF DECEMBER. 2016. [SIC] RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF WYOMING COUNTY WEST VIRGINIA IN DEED BOOK 477 AT PAGE 356. SAID TRACT BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT, A 5/8″ REBAR W/CAP (SET), ALONG THE EASTERN RIGHT OF WAY LINE OF WILDWOOD LANE, BEING A 30′ RIGHT OF WAY. AND BEING A NEW CORNER WITHIN THE POCAHONTAS SURFACE INTERESTS INC DB 477 ¬- PG 356 TRACT. SAID REBAR BEING REFERENCED S 56deg. 22′ 53″ E 295.80′ TO A 5/8″ REBAR (FOUND), BEING A CORNER ON THE COMMON LINE OF THE SAID POCAHONTAS TRACT, AND THE RANDALL T. COOK AND SHARON M. COOK (DB 450 – PG 177) TRACT. THENCE LEAVING WITH THE EASTERN RIGHT OF WAY LINE OF SAID WILDWOOD LANE, AND WITH SIX (6) NEW LINES THROUGH THE SAID POCAHONTAS TRACT; S 65deg. 00′ 48″ 27.59′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; S 77deg. 47′ 24″ E 48.49′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; N 23deg. 24′ 15″ E 6.80′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; S 68deg. 52′ 57″ E 148.41′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; S 71deg. 42′ 05″ E 116.32′ CROSSING DRY BRANCH, TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; S 05deg. 11′ 19″ W 73.81′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER ALONG THE COMMON LINE OF THE SAID POCAHONTAS TRACT, AND THE RANDALL T. COOK AND SHARON M. COOK (DB 450 – PG 77) TRACT. THENCE WITH THE COMMON LINE OF THE POCAHONTAS TRACT AND THE SAID COOK TRACT; N 77deg. 45′ 44″ W 112.63′ (PASSING THROUGH A 5/8″ REBAR FOUND ON LINE AT 72.63′), TO A POINT IN DRY BRANCH. BEING A COMMON CORNER TO THE SAID POCAHONTAS TRACT AND THE SAID COOK TRACT. THENCE DOWN SAID DRY BRANCH WITH THE COMMON LINE OF THE POCAHONTAS TRACT AND THE SAID COOK TRACT; S 39deg. 40′ 16″ W 24.28′ TO A POINT IN SAID DRY CREEK, BEING A CORNER ON THE COMMON LINE OF THE POCAHONTAS TRACT AND THE SAID COOK TRACT. THENCE LEAVING SAID DRY CREEK, AND THE LINE OF THE SAID COOK TRACT, AND WITH THREE (3) NEW LINES THROUGH THE SAID POCAHONTAS TRACT; N 85deg. 04′ 30″ W 154.59′ (PASSING THORUGH A 5/8″ REBAR W/CAP SET ON LINE AT 22.47′), TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; N 19deg. 38′ 25″ E 67.01′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER, THENCE; N 69deg. 40′ 50″ W 91.00′ TO A 5/8″ REBAR W/CAP (SET), A NEW CORNER ALONG THE EASTERN RIGHT OF WAY LINE OF SAID WILDWOOD LANE. THENCE WITH THE EASTERN RIGHT OF WAY LINE OF SAID WILDWOOD LANE; N 20deg. 49′ 30″ E 70.60′ TO THE POINT OF BEGINNING, CONTAINING 0.790 ACRES, MORE OR LESS, AS SURVEYED BY ESI SERVICES, INC., BECKLEY WEST VIRGINIA.
Being the same property conveyed unto Timothy E. Massey and Julie A. Massey, by Deed dated June 15, 2017 from Pocahontas Surface Interest Inc., and Appalachian Forests A., LLC, of record in the Office of the Clerk of the Wyoming County Commission in Deed Book 481, at Page 492 (hereinafter, “Real Property”)
Upon information and belief, the Real Property has a physical address of 80 Wild Wood Lane, Oceana, West Virginia 24870.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
2. Any statutory lien or liens that may affect the Real Property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the Real Property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein.
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring Real Property (the cost of the tax stamps to be affixed to the Deed).
6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.
7. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
8. The undersigned Successor Trustees expressly reserve the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
9. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
12. The trustee’s sale shall be open to online bidders.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Zachary J. Rosencrance and Jakeb H. Shuck, Successor Trustees, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347 1100.
DATED: August 15, 2023.
/s/ Jakeb H. Shuck
Jakeb H. Shuck, Successor Trustee
Zachary J. Rosencrance,
Successor Trustee
ID: 731472