Upshur

Public Notice

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated September 12, 2005, executed by Borrower(s), Joseph Johnson and Mary A. Johnson, to David L. Orndorff, the Trustee of record in the office of the Clerk of the County Commission of Upshur County, West Virginia, in Book 432, at Page 134. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Rt 1 Box 52, Crawford, WV 26343. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 3, 2019, of record in the Clerk’s Office in Book 611, Page 286. The borrower(s) defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Upshur County, in Buckhannon, West Virginia, on the following date: 18th day of December, 2025 at 11:30 a.m. All that certain tract or parcel of land, together with the buildings and improvements thereon and the appurtenances and rights of way thereunto belonging, situate on the waters of Cow Run in Banks District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a 1/2 inch iron rod on top of a ridge in what was formerly the Porter Clarkson line and is now the line of Dean H. Bucher, and being the common corner of Harley R. Sanders and Gathel Sanders and of the Minter C. Lough and Lela D. Lough 33 acre tract of land; thence with the common line of Sanders and the 33 acre parcel of land S. 61 04` W. 1345.00 feet to a 1/2 inch iron rod; thence with another common line of Sanders and the 33 acre parcel of land S. 51 48` W. 792.30 feet to a 1/2 inch iron rod in the line of Sanders and being a common corner of the 33 acre parcel of land and a 15-3/4 acre parcel of land of Minter C. Lough and Lela D. Lough; thence with the line of the 15-3/4 acre parcel of land N. 26 49` W. 636.40 feet to a 1/2 inch iron rod in the line of the 11.2 acre parcel of land of Beulah Riffle: thence with said line of Riffle N. 78 02` E. 404.36 feet to a 1/2 inch iron rod corner of the 11.2 acre parcel of land; thence with another line of the 11.2 acre parcel of land N. 58 19` E. 335.00 feet to a 1/2 inch iron rod corner of the 11.2 acre parcel of land; thence with a third line of the 1.2 acre parcel of land N. 38 33` W. 492.45 feet to a 1/2 inch iron rod on the north side of a small creek, a corner of the 11.2 acre parcel of land; thence leaving the 11.2 acre parcel of land N. 68 02` E. 496.74 feet to a 48 inch black oak on the south side of a small creek, a corner of an 11.84 acre parcel of land of James S. Harris and Linda M. Harris: thence with four lines of the 11.84 acre parcel of land N. 69 17` E. 330.26 feet to a 30 inch gum, a corner of the 1.84 acre parcel of land; thence N, 77 41` E. 298.74 feet to a found 4 inch by 6 inch set stone at the end of an old rail fence, a corner of the 11.84 acre parcel of land; thence with said rail fence line S. 38 46` E. 232.43 feet to a 1/2 inch iron rod, a corner of the 11.84 acre parcel of land; thence N, 81 00` E. 346.5 feet to a 1/2 inch iron rod at the western right of way of West Virginia Secondary Route 20/15, a corner of the 11.84 acre parcel of land; thence with the western right of way of Route 20/15 S. 07 16` E. 164.89 feet to a point on the western right of way of Route 20/15; thence crossing Route 20/15 S. 44 00` E. at 68.49 feet passing through a 1/2 inch iron rod on the eastern side of Route 20/15. a total distance of 205.78 feet to the point of beginning, containing 31.1082 acres, more or less, as surveyed by Burl J. Smith RPCE #6988 of Smith Engineering Company, Buckhannon, West Virginia, dated November 13, 1986. A copy of said survey is attached to and made a part of that certain deed from Minter C. Lough and Lela D. Lough, husband and wife. to William L. Burdette and Sylvia K. Burdette, dated the 14th day of November, 1986, appearing of record in the office of the Clerk of the County Commission of Upshur County, West Virginia, in Deed Book No. 333 at page 651, and reference is here made to said plat and deed for all pertinent purposes. This being that same tract or parcel of land conveyed from Delmar D. Forinash to Joseph Johnson and Mary A. Johnson, by deed dated 12th day of September, 2005, of record in the Office of the Clerk of the County Commission of Upshur County, West Virginia in Deed Book 432 at page 134, and reference is hereby made to said deed for all pertinent purposes. There is expressly reserved and excepted from said tract or parcel such of the coal, oil, gas and other mineral and appurtenant mining, drilling. leasing, operating, development and removal rights and privileges as have been heretofore reserved and excepted or sold and conveyed away by the party of the first part or prior owners by deeds of record in the aforesaid Clerk`s Office. reference to which is hereby made for all pertinent purposes; however, any and all right, title and interest of first party in and to the coal, oil, gas, and other minerals and appurtenant mining, drilling, leasing, operating, development and removal rights and privileges in, upon and underlying said tract or parcel are hereby conveyed by party of the first part to the party of the second part. This conveyance is made subject to all covenants, restrictions, rights of way and easements affecting said premises of record in said Clerk`s Office, if any, and is further made subject to such rights of way, casements and other matters which would be disclosed by a visual inspection of the premises herein conveyed. TERMS OF SALE: 1) The property will be conveyed in an “AS IS” physical 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, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to 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 Trustee. 5) The 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. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee BY: Jim Ashley, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 [email protected]

REISENFELD & ASSOCIATES
3962 RED BANK RD

CINCINNATI
OH
45227
513-322-7833

ID: 1491647

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