Notice is hereby given that by virtue of the authority under that certain deed of trust executed by David W. Nelson and Karen S. Nelson, to John R. Lukens and Robert R. Harpold, Jr., Trustee(s) dated March 12, 1987, and recorded in the office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 176, at page 609, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated December 30, 2016, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on April 13, 2016 at 10:33 a.m., at the front door of the courthouse of Randolph County, West Virginia, the real estate conveyed by said deed of trust and situate in Leadsville District, Randolph County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was: Rt 3 Box 303, Elkins, West Virginia, and being more particularly bounded and described therein as follows:
All that (those) certain lot(s), tract(s), or parcel(s) or land, together with the improvements thereon and all appurtenances thereunto belonging, or in anywise appertaining, situate in the Glenmore Acres Subdivision lying in Leadsville District of the County of Randolph and State of West Virginia, and more particularly bounded and described as follows;
Lots No. 108 and 109 of the Glenmore Acres Subdivision as shown on a plat of said subdivision of record in the Office of the Clerk of the County Commission of Randolph County in Deed Book 259 at page 362, each of which lots front for a distance of 50 feet on the northeast side of Indianola Avenue and run back therefrom for a distance of 120 feet to an abutting lot on the rear and which two lots form a larger lot bounded an described as follows: BEGINNING at a 1” x 36” iron pipe on the northeast side of Indianola Avenue, a corner of Lots 109 and 110; thence with the line between these two lots N. 56 36’ E. 120 feet to a point which is a common corner to Lots 109, 110, 141 and 142; thence with the line between Lots 109 and 142 S. 19 53’ E. 50 feet to a point, a common corner of Lots 108, 109, 142 and 143; thence continuing S. 19 53’ E. with a line between Lots 143 and 108 for a further distance of 50 feet to a point on the northwest side of Sixth Street; thence with Sixth Street S. 56 36’ W. 120 feet to a point on the northeast side of Indianola Avenue; thence with the Indianola Avenue N. 19 53’ W. 100 feet to the place of beginning, containing 12,000 square feet, more or less.
And being the same parcels of real estate conveyed to David W. Nelson and Karen S. Nelson (Husband and Wife) by Ralph William Smith and Gayle Rae Smith (Husband and Wife) by deed dated the 19th day of February, 1987, and recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia in Deed Book 382, at page 166.
Also being the same parcels of real estate conveyed to David W. Nelson from David W. Nelson and Karen S. Nelson by deed dated March 1995, recorded in the aforesaid Clerk’s office in Deed Book 471, at page 219.
This conveyance is made subject to any and all rights of way, easements, restrictions, reservations and covenants as set forth in prior deeds of record in the Office of the Clerk of the County Commission of said Randolph County, West Virginia, affecting title to the subject parcels of real estate herein conveyed.
This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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.
Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale.
The Substitute Trustees 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.
TERMS OF SALE: Cash in hand on day of sale.
DATED this 21st day of March, 2016.
Pill & Pill, PLLC, Substitute Trustee
BY: Richard A. Pill, Member
304-263-4971
[email protected]
3/30, 4/6