TRUSTEES’ SALE OF VALUABLE REAL ESTATE
1907 6th Street,
New Cumberland, WV 26047
In a Deed of Trust dated January 9, 2015, and duly recorded in the Office of the Clerk of the County Commission of Hancock County, West Virginia, in Deed of Trust Book 834 , at page 473 Layman E. Rice Jr. did convey unto Michael Raber, 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 Hancock County Courthouse, Hancock County Courthouse, New Cumberland, WV 26047 on:
November 19, 2024
At 10:00 AM
The property for sale as described by the Deed of Trust is as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF HANCOCK, STATE OF WEST VIRGINIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
THE FOLLOWING DESCRIBED PROPERTY, THAT IS TO SAY:
A CERTAIN TRACT AND PARCEL OF LAND SITUATED IN THE DISTRICT OFGRANT, CONTY OF HANCOCK AND STATE OF WET VIRGINIA, AND BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT; BEGINNING AT A POINT AT THE INTERSENTION OF THE INE BETWEEN B.F. REDDICK AND MARY E. ALLISON AND THE MIDDLE OF THE PAVED ROAD LEADING TO SIXTH STREET, NEWELL, W.VA.; THENCE WITH THE SAID ROAD SOUNTH 13 degrees 40′ EAST ONE HUNDRED TWENTY-SIX AND THIRTY-FIVE HUNDREDTHS (126.35) FEET; THENCE CONTINUING WITH THE SAID ROAD TO A POINT SOUTH 35 degrees 23′ FAST A DISTANCE OF ONE HUNDRED SIXTY-TWO AND FIFTY HUNDREDTHS (162.50) FEET TO CORNER; THENCE WITH THE LANDS OF MARY E. ALLISON NORTH 69 degrees 20′ EAST ONE HUNDRED NINETY-NINE (199) FEET TO A POST IN LINE FORMERLY BETWEEN HUFF AND EVANS; THENCE WEST WITH SAID LINE AND LANDS OF B.F, REDDICK A DISTANCE OF TWO HUNDRED THIRTY-FIVE (235) FEET TO THE PLACE OF BEGINNING, AND CONTAINING IN AREA ONE AND TWENLVE HUNDREDTHS (1.12) ACRES OF LAND, BE THE SAME MORE OR LESS.
PARCEL TWO:
SITUATED IN THE DISTRICT OF GRANT, COUNTY OF HANCOCK, STATE OF WEST VIRGINIA, AND BEING MORE FULLY DESCRIBES (SIC) AS FOLLOWS: COMMENCING AT A POST AT THE NORTH EAST CORNER OF LAND OF WILBUR EVANS SOUTH 12 degrees 20 ‘ EAST 206.3 FEET TO A POST; THENCE BY LAND OF THE SAME SOUTH 69 degrees 54′ WEST 158.5 FEET TO A POINT IN THE SIXTH STREET ROAD; THENCE WITHIN THE BOUNDS OF SAID ROAD SOUTH 34 degrees 40′ EAST 150 FEET TO A POINT; THENCE BY LAND OF THE GRANTORS NORTH 69 degrees 54 EAST 208 FEET TO AN IRON PIN; THENCE BY THE LAND NORTH 19 degrees 13’ WEST 326 FEET ,TO AN IRON PIN; THENCE BY HINDS OF HALL AND ALLISON SOUTH 89 degrees 57 WEST 69 FEET TO THE POINT OF BEGINNING AND CONTAINNG 1.15 ACRES MORE OR LESS.
EXCEPTING AND RESERVING THE FOLLOWING:
A RIGHT OF WAY DATED THE 5 TH DAY OF JANUARY 1933 TO MONINGAHELA WEST PENN POWER COMPANY FROM F. ALLISON (DEED BOOK 49 PAGE 3791).
A RIGHT OF WAY DATED THE 2 ND DAY OF AUGUST 1933 TO HANCOCK COUNTY ELECTRIC COMOANY FROM MARY E. ALLISON (DEED BOOK 49 PAGE 47)
A LEASE TO THE GLOBE BRICK COMPANY FROM MARY F. ALLISON, WIDOW, ET AL (HARRY HALL AND SARAH HALL) (LEASE BOOK 55 PAGE 189).
A CERTAIN VEIN OF FIRE CLAY AND THE VEIN OF COAL IMMEDIATELY ABOVE SAID VEIN OF CLAY NOW BEING MINED BY GLOBE BIRCK AND THE SAME BEING A CONTINUATION OF BOTH OF SAID VEINS, IN AND UNDERLYING THE ABOVE-DESCRIBED TRACT—– ALSO FOR ANY DRAINS, DRAIN WAYS AND OPENINGS NECESSARY AND CONVENIENT FOR THE MINING AND REMOVAL OF ALL SAID CLAY AMD COAL FROM COTERMINOUS AND NEIGHBORING LANDS.
EXCEPTING AMD RESERVING ALL THE CERTAIN PARCL OF LAND CONVEYED O ROBERT B. EVANS BY DEED FROM WILBUR EVANS AND THELMA EVANS BY DEED DATE 3/13/1982.
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 Hancock 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 $6000 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
WDT Sep 23, 30, 2024