NOTICE OF SALE UNDER DEED OF TRUST
NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under that certain credit line deed of trusts dated March 29, 2023 made by James W. Wallace to James D. Wilkins and G. James Cornett, as Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 627, at page 276. The borrower defaulted under the Note and Credit Line Deed of Trust and the Substitute Trustee has been instructed to foreclose under that certain Credit Line Deed of Trust. Accordingly, the Substitute Trustee will offer for sale at public auction the following described property, to the highest bidder at the front door of the Randolph County Courthouse, on:
WEDNESDAY, JUNE 26,2024 at 10:00 o’clock a.m.,
All that certain tract or parcel of real estate, containing approximately 220.56 acres, more or less, said land being situate on the east side of the Georgetown Road, approximately 2 miles northwest of the Town of Beverly, situate in Beverly District, Randolph County, West Virginia, together with any and all improvements situate thereon and any and all appurtenant easements which may benefit same, being more particularly bounded and described as follows:
Beginning at a corner fence post in the eastern boundary of W.Va. County Route 21 (Georgetown Road) said point being a corner common to James Cunningham (DB 437/605).
Thence leaving the Cunningham line with five courses along the eastern right of way of the Georgetown Road (15′ from the center thereof) as follows:
a) Thence N 14-41′ E, 42.22 feet to a point;
b) Thence N 11-30′ E, 266.89 feet to the beginning point of a curve;
c) Thence on a curve to the right with a radius of 228.77 feet for a distance of 205.93 feet to the end point of the curve, the chord of said curve being N 3718″ E, 199.06 feet;
d) Thence N 63-05′ E, 224.17 feet to the beginning point of a curve;
e)Thence on a curve to the left with a radius of 183.30 feet for a distance of 113.74 feet to a corner of a lot owned by Arron and Elizabeth Prehoda (DB 437/120), the chord of said curve being N 45-18′ E, 111 .92 feet. Said point being 15 feet from center of road;
Thence leaving the Georgetown Road with three courses of the Prehoda Lot
a)Thence S 81-46 E, 233.32 feet to a 1 inch iron pipe found, said land course crosses a 1 inch iron pipe (reset) at 8.32 feet;
b) Thence N 02-56* E, 149.92 feet to a 1″ iron pipe (reset) and
c) Thence N 88-03′ W, 221.95 feet to a point in the eastern boundary of the Georgetown Road (15 feet from the center thereof), said last course crosses a 1 inch iron pipe at 215.72 feet
Thence leaving the Prehoda Lot with three courses along the eastern right of way of the Georgetown Road (15′ from the center thereof) as follows:
a) Thence N 09-24′ W, 472.63 feet to the beginning point of a curve;
b)Thence on a curve to the right with a radius of 1157.42 for a distance of 439.22 feet to the end point of the curve, the chord of said curve being N 01-28′ E, 436.60 feet and
c) Thence N 13-08′ E, 176.00 feet to a corner fence post, said fence being a field fence of the parent Widney farm.
Thence leaving the Georgetown Road through the parent Widney farm following the wire fence S 82-33 E, 872.29 feet to the center of a drain, said last course of the end fence post at 806.2 feet;
Thence continuing thru the parent Widney farm following the center of the drain the following 8 courses:
a)S 62-35’E, 53.69 feet; b)S81-55’E, 100.78 feet; C)N 76-04′ E, 94.20 feet; d)S 74-26’E, 105.35 feet; e)S31-14’E, 56.36 feet; f)S13-25’E, 259.87 feet; g)S 37-59’E, 349.62 feet;
h)S 33-23′ E, 637.75 feet to the center of the drain at its mouth at Beaver Creek;
Thence leaving the drain and Beaver Creek and continuing through the parent Widney farm following a wire fence S 75-29′ E, 429.68 feet to a fence comer;
Thence continuing through the parent Widney farm S 43-23′ E, 2,694.62 feet to the center of the Tygart Valley River, said course passing through a 30 inch Black Oak on the River bank at 2,617.7 feet.
Thence with the meanders of the center of the river the following eight courses:
a)S 35-35’W, 350.43 feet; b)S 26-24’W, 368.36 feet; C)S09-31’E, 452.84 feet; d)S 04-54’W, 204.75 feet; e)5 28-39’W, 282.80 feet; f)S 50-29’W, 333.70 feet; g)S 35-2 l’W, 496.03 feet and
h)S 06-42′ E, 144.00 feet to a point in the center of the river at a comer common to Mary G. Lucas DB 412/16.
Thence leaving the River with the Lucas line and following a wire fences 65-55′ W, 229.50 feet to a fence comer.
Thence continuing with Lucas following a wire fence N 31-30′ W, 2,584.15 feet to a fence comer on the southern line of the 30 foot wide Land leading to the Georgetown Road;
Thence with the southern boundary of the 30 foot wide lane and following with the properties of Mary G. Lucas (DB 412/16), Catherine Bosworth (DB 445/717) and Edna Jenkins (DB 274/7) S 56-44′ W, 2,098.43 feet to a point in the eastern boundary of the old Staunton-Parkersburg Turnpike;
Thence with the eastern boundary of the old Staunton-Parkersburg Turnpike N 21-38′ W, 30.16 feet to a point in the northern boundary of the 30 foot wide land a comer common to James Cunningham in {DB 482/135);
Thence with the northern boundary of the 30 foot wide lane and with Cunningham N 56-44′ E, 2,095.42 feet to a comer fence post a comer to the main parent Widney farm;
Thence continuing with Cunningham and with a wire fence N 22-44′ W, 1,074.83 feet to a fence comer near Beaver Creek;
Thence continuing with Cunningham and in part with a wire fence S 80-04′ W, 159.97 feet to a point in the center of Beaver Creek;
Thence continuing with Cunningham DB 482/135 and with the meanders of an old wire fence the following seven courses:
a)N 59-41′ W, 259.25 feet to a fence post; b)S 81-51′ W, 164.91 feet to a fence post; c)N 89-44′ W, 56.78 feet to a fence post; d)N 78-14′ W, 80.14 feet to a fence post; e)N 65-25′ W, 34.35 feet to a fence post;
f) N 59-10′ W, 426.12 feet to a fence post, said course crosses a corner common to a second James Cunningham Parcel (DB 437/605) and
g)N 85-45′ W, 291.10 feet to the point of beginning. Said real estate containing 243.05 acres, more or less, as surveyed by William D. Swecker, of Elkins, West Virginia.
LESS AND EXCEPTING 0.66 acres, of that certain out sale of 1.073 acres conveyed by James W. Wallace to Elizabeth A. Prehoda, by deed dated September 14, 2005, and of record in said Clerk’s Office in Deed Book 505, at Page 426,
LESS AND EXCEPTING that certain out sale of 22.11 acres, conveyed by James W. Wallace to Steven A. Gongola and Jenna L. Gongola by deed dated July 28, 2022 and of record in Deed Book 627, at page 431.
Leaving a residue of 220.56 acres, more or less, and being ASSESSED ON THE 2024 LAND BOOKS OF RANDOLPH COUNTY, WEST VIRGINIA IN BEVERLY DISTRICT AS FOLLOWS: WALLACE JAMES WSURF& JA MIN 220.56 AC W V RIVER TAX MAP 123/PARC3EL 9.1
AND BEING part of the same real estate as conveyed unto James W. Wallace by Franklin J. Widney, II and Doreen C Widney by correction deed dated August 5,2005, and of record in said Clerk’s Office in Deed Book 504, at Page 544.
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.
This conveyance is made subject to all existing reservations, restrictions, covenants, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.
TERMS OF SALE:
1. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, assessments, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions, of any nature whatsoever, of record in the Clerk’s office or affecting the subject property.
2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
3. The Substitute Trustee reserves the right to reject any and all bids received and 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 Substitute Trustee.
4. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
5. The total purchase price is payable to the Substitute Trustee by cashiers check within fifteen (15) days of the date of sale, with ten (10%) of the total purchase price payable to the Substitute Trustee at sale by cashiers check.
6. The Substitute Trustee reserves the right to reject any and all bids received and to continue said sale from time to time, upon announcement thereof given verbally on the day of sale and any continuances thereof.
Given under my hand this 30th day of May, 2024.
R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672 324 Randolph Avenue Elkins, WV 26241 304-636-7797