Legal 3×19”
0501 0508 0515
TRUSTEE’S SALE OF VALUABLE REAL ESTATE
Herz, Herz & Reichle, Inc. and Frederick A. Reichle, did convey unto Thomas R. Ross, II, Trustee, certain real property described in a Deed of Trust recorded in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed of Trust Book 216, at Page 607. The beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. The Borrowers have defaulted under the aforementioned Deed of Trust. The undersigned Substitute Trustee, under that certain Deed of Trust, has been instructed by the secured party to foreclose thereunder and will offer for sale at public auction at the front door of the Tucker County Courthouse, at 211 First Street, Parsons, West Virginia, on
May 21, 2019 at 11:00 a.m.
The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Dry Fork District, Tucker County, West Virginia, and more particularly described as follows:
TRACT ONE:
Unit/Lot No. 87 of WINTERHAVEN, a planned community, containing 0.451 acres, more or less as more particularly described in that certain “Declaration Establishing A Plan For A Planned Community Within And Upon That Certain Parcel of Real Estate Containing 5.551 Acres, More or Less, Together With Certain Improvements Thereon and Appurtenances Thereunto Belonging Situate In Canaan Valley, Dry Fork District, Tucker County, West Virginia, Pursuant To Chapter 36B of The Code of West Virginia of 1931, As Amended To Be Known As Winterhaven” dated the 24th day of September, 2004, recorded in aforesaid Clerk’s Office in Deed Book 180 at page 118, as shown on that certain Plat of Survey prepared by James W. Saunders, Jr. of Thrasher Engineering of Oakland, Maryland, dated August 10, 2004, attached to said Declaration as Exhibit 4, and recorded in the aforesaid Clerk’s Office in Plat Cabinet 2, Slide 332, to which plat reference is made for a more particular description of the real estate being conveyed herein, together with the use of all streets and roadways within Winterhaven for ingress, egress and regress to and from the real estate herein conveyed.
For the same consideration aforesaid Grantor further grants and conveys unto Grantee a non-exclusive right of way or easement from Timberline Road to Winterhaven Subdivision over these certain roadways designated as Herz Mountain Drive, Winter’s Edge Drive, and Mid-Mountain Drive, as shown on that certain plat prepared by Thrasher Engineering which is attached to aforesaid Declaration as Exhibit 2 and is further recorded in said Clerk’s Office in Plat Cabinet 2, Slide 333, to which reference is made for a more particular description of the right of ways or easements herein conveyed. The conveyance is expressly made and accepted subject to the provisions of the aforesaid Declaration and to the By-Laws of the Winterhaven Owners’ Association attached to the aforesaid Declaration as Exhibit 3.
TRACT TWO:
Unit/Lot Nos. 64 (0.262 acre), 65 (0.263 acre), 66 (0.264 acre), 67 (0.284 acre), 68 (0.387 acre), 70 (0.485 acre), 71 (0.334 acre), 72 (0.479 acre), 73 (0.386 acre) and 85 (0.409 acre), of WINTERHAVEN, as more particularly described in that certain “Amended First Amendment to the Declaration Establishing A Plan For A Planned Community Within And Upon That Certain Parcel of Real Estate Containing 5.551 Acres. More or Less, Together With Certain Improvements Thereon and Appurtenances Thereunto Belonging Situate In Canaan Valley, Dry Fork District, Tucker County, West Virginia, Pursuant To Chapter 36B of The Code of West Virginia of 1931, As Amended To Be Known As Winterhaven” dated the 18th day of September, 2009, recorded in aforesaid Clerk’s Office in Deed Book 198 at Page 369, as shown on that certain Plat of Survey prepared by James W. Saunders, Jr. of Thrasher Engineering of Oakland, Maryland, dated August 10, 2004, attached to said Declaration as Exhibit 4, and recorded in aforesaid Clerk’s Office in Plat Cabinet 2, Slide 396.
For the same consideration aforesaid Grantor further grants and conveys unto Grantees a non-exclusive right of way or easement from Timberline Road to WinterHaven Subdivision over these certain roadways designated as Herz Mountain Drive, Picabo Street, Winter’s Edge Drive, and Mid-Mountain Drive, as shown by that certain plat prepared by Thrasher Engineering which is attached to aforesaid Declaration as Exhibit 2 and is further recorded in said Clerk’s Office in Plat Cabinet 2, Slide 396, to which reference us made for a more particular description of the right of ways or easements conveyed herein.
This conveyance is subject to the certain “Declaration Establishing A Plan For A Planned Community Within And Upon That Certain Parcel of Real Estate Containing 5.551 Acres, More or Less. Together With Certain Improvements Thereon and Appurtenances Thereunto Belonging Situate In Canaan Valley, Dry Fork District, Tucker County, West Virginia, Pursuant To Chapter 36B of The Code of West Virginia of 1931, As Amended To Be Known As Winterhaven” dated the 24th day of September, 2004, recorded in aforesaid Clerk’s Office in Deed Book 180 at page 118, as shown on that certain Plat of Survey prepared by James W. Saunders, Jr. of Thrasher Engineering of Oakland, Maryland, dated August 10, 2004, attached to said Declaration as Exhibit 4, and recorded in the aforesaid Clerk’s Office in Plat Cabinet 2, Slide 332, to which plat reference is made for a more particular description of the real estate being conveyed herein, together with the use of all for streets and roadways within Winterhaven for ingress, egress and regress to and from the real estate herein conveyed.
There is specifically reserved to Herz, Herz, & Reichle, Inc. and its predecessors in title all oil, gas and minerals in and underlying the subject tract together with the right to remove the same and receive all royalties therefrom.
Grantees, for themselves, their successors, devisees, heirs, personal representatives, lessees or assigns, covenant and agree that by acceptance and recordation of this Deed that they shall become a member of the Winterhaven Owner’s Association and shall be subject to and comply with the provisions of the Declaration and of the By-Laws of said Association as they may both be amended from time to time, and Grantees further covenant that the acceptance of this Deed shall constitute an agreement that the provisions of the Declaration and of the By-Laws of said Association, are accepted and ratified by Grantee and that all such provisions shall be deemed and taken to be covenants running with the land.
Tract One and Tract Two (hereinafter referred to as “Property”) are being expressly sold subject to any and all prior easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property, both of record and in existence, and subject to any unpaid real estate taxes. The Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. The Property will be sold subject to any and all public and/or private assessments, including, but not limited to association and/or condominium dues, and taxes against said Property, and all prior liens and encumbrances of any nature whatsoever, including the Internal Revenue Service’s right of redemption, if any exists.
AND BEING a portion of the same property conveyed to Herz, Herz, & Recihle, Inc. by Deed dated the 9th day of November, 1991, from Frederick A. Reichle, and recorded in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 137, at Page 12.
The Property herein being sold is only a portion of the property secured by the aforementioned Deed of Trust. The Trustee reserves the right to foreclose on any and all other property secured by the Deed of Trust at a later date.
Prospective purchasers (hereinafter, individually and collectively, known as Purchaser) are encouraged to perform their own due diligence, in advance of the auction, regarding the property and the improvements thereon and permitted uses of the property.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS OF SALE:
The Property will be offered for sale as follows: Each individual Unit/Lot, in both Tract One and Tract Two, will be auctioned by itself, with a reserve bid; then all Unit/Lots, in both Tract One and Tract Two, will be auctioned together as a group. Whichever sale, either individually or together, brings the highest total and best bid will be the accepted winning bid.
An initial deposit of $5,000.00 in certified funds will be required of the successful Purchaser, for each Unit/Lot at time and place of Public Auction. If a Purchaser purchases all of the Unit/Lots as a group, an initial deposit of $50,000.00 in certified funds will be required at the time and place of Public Auction. The deposit must be increased to equal ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price no later than 12:00 p.m. (Noon), May 27, 2019, to be paid to the Substitute Trustee by wired funds (the “Additional Deposit”). The initial deposit and Additional Deposit shall be nonrefundable. The balance of the purchase price and all other sums due by Purchaser shall be payable by wired funds at Settlement to be held on or before June 20, 2019. The Purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11- 2-1 and all other settlement costs and costs incidental to transfer of the Property. Taxes, all other public charges, and public and/or assessments against the Property shall be paid by Purchaser at Settlement. Time shall be of the essence with respect to the payment of the Additional Deposit and all sums due by the Purchaser at Settlement. The Substitute Trustee reserves: (1) the right to modify or waive the requirements for bidder’s deposits and terms of sale and/or settlement; (2) the right to withdraw the Property from the sale (3) the right to cancel or postpone the sale; (4) the right to reject any and all bids. The party secured herein, if a bidder, shall not be required to post a deposit, pay interest, and may bid in the form of a credit bid. If the Substitute Trustee is unable to convey the Property, the Purchaser’s sole remedy in law and in equity shall be limited to a refund of the deposit and the sale shall be considered null and void and of no effect.
Upon conclusion of the sale, the Purchaser will be required to execute a Contract of Sale reflecting the purchase price and incorporating the terms of this Notice. If the Purchaser fails to deliver the Additional Deposit, the purchase price, and all other sums due at Settlement within the prescribed time, at the Substitute Trustee’s sole discretion, it may declare the deposits forfeited, and in addition to any other legal or equitable remedies available to it, may convey the Property to the next highest bidder if such bidder will honor their bid, or may proceed to resell the Property pursuant to the Deed of Trust. In the event of such a default the defaulting Purchaser shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting Purchaser, the defaulting Purchaser shall not be entitled to return of his deposits, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of West Virginia.
The subject Property will be sold in “AS IS” condition. The Substitute Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition, zoning, or use of the Property or the title to the Property to be conveyed. The Purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the secured party’s deed of trust, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property. The Substitute 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 upon receipt of the purchase price in good and available funds.
The Purchaser at the foreclosure sale shall assume the risk of loss of the Property immediately after the auction sale takes place. It shall be the Purchaser’s responsibility to obtain possession of the Property following execution and delivery of the deed from the Substitute Trustee conveying the Property to the Purchaser. The sale does not include the sale of any personal property in the Property.
The Substitute Trustee reserves the right to adjourn the sale for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above. Announcements made on the day of sale take precedence over these Terms of Sale.
Pill & Pill, PLLC, Substitute Trustee
Richard A. Pill, Member
P.O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971, Fax (304) 267-5840, e-mail: [email protected]