Legal 3×11-1/4”
0501 0508 0515
SUBSTITUTE TRUSTEE’S NOTICE OF SALE
OF VALUABLE REAL ESTATE
SITUATE IN DRY FORK DISTRICT
TUCKER COUNTY, WEST VIRGINIA
NOTICE IS HEREBY given to you that pursuant to the authority vested in the Substitute Trustee, Pat A. Nichols by a Notice of Appointment dated April 19. 2019, and which Substitution of Trustee is of record in the Office of the Clerk of the Tucker County Commission in Deed of Trust Book 291 at page 263, and pursuant to that certain Deed of Trust executed by Herz, Herz & Reichle. Inc., a Corporation securing The Grant County Bank of Petersburg, West Virginia, in the payment and performance of certain obligations set forth therein, which Deed of Trust bears date of December 23, 2016, and which Deed of Trust is of record in the Office of the Clerk of the Tucker County Commission, in Deed of Trust Book No. 280 at page 406; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party of the said Deed of Trust to foreclose thereunto and the maker of the said note and obligation having failed to pay the obligation as provided under the terms of the above referenced Deed of Trust and note, and the holder of said Deed of Trust and Note having declared the whole of said indebtedness to be due and payable and having requested the undersigned Substitute Trustee in writing to make sale of the following parcel of real estate situate in Canaan Valley, Dry Fork District, Tucker County, West Virginia, and described as follows:
PARCEL ONE: Beginning at Corner No. 1. a buried brick. said corner being 40 feet east of the center line of West Virginia State Route 32 and 309 feet north of the northeast abutment of the cement bridge across the Blackwater River on West Virginia State Route 32, thence N. 1° W with the State Road right of way 250 feet to Corner No. 2, a buried brick; thence N. 72° E 124 feet to Corner No. 3, a buried brick; thence S 4 1/2° E 284 feet to Corner No. 4 a buried brick on the north edge of a private road; thence S 88 1/2° W 146 feet with the private road, to the beginning, containing 0.83 acre, more or less.
And being the same parcel of real estate conveyed to Herz, Herz & Reichle, Inc., a corporation, by Frederick A. Reichle by deed dated the 26th day of December, 1986, and recorded in the Office of the Clerk of the Tucker County Commission in Deed Book 118 at page 480.
There is further the right to use and pipe water from a spring located south of the parcel herein conveyed. Said right was heretofore granted by the aforesaid deed from Thompson to Brown and Dakan recorded in the aforesaid Clerk’s Office in Deed book 78 at page 156.
This real estate is expressly made subject to all prior reservations, restrictions, exceptions, easements, rights of way, covenants, conditions and limitations that may be found in instruments of record in the chain of title to said real estate.
The real estate is located at 27 Timberline Road, Canaan Valley, Davis, West Virginia, Map 350 Parcel 0026.0000.
I, PAT A NICHOLS, SUBSTITUTE TRUSTEE SHALL OFFER FOR SALE AT PUBLIC AUCTION AT THE FRONT DOOR OF THE TUCKER COUNTY COURTHOUSE, 215 FIRST STREET, PARSONS, TUCKER COUNTY, WEST VIRGINIA, THE ABOVE-DESCRIBED REAL ESTATE ON
May 17, 2019
AT
10:00 a.m.
The real estate identified above will be sold in its present (AS IS) condition and the highest bid may be accepted by the Substitute Trustee and the Substitute Trustee shall be under no duty to cause any existing tenants and/or persons occupying any of the above described property or real estate to vacate the real estate. Any personal property remaining on the real estate after the date of the public sale will be disposed of and considered abandoned by the successful bidder or bidders.
TERMS OF SALE:
1. Cash in hand on day of sale or 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the purchase price paid by certified check or by a letter of credit from a leading institution on day of sale delivered to the Substitute Trustee and approved by the said Substitute Trustee.
2. The sale of the property will be made subject to all matters having priority over the Deed of Trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. The above sale shall be subject to the redemption rights of the Internal Revenue Service as set forth in 11 C.S.C. §7425, and also subject to any and all unpaid real estate taxes or encumbrances and claims in favor of any municipality, county, or government entity, or other party, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights-of-way and easements recorded in the aforesaid Clerk’s Office prior to the Deed of Trust and affecting the subject real estate as well as any prescriptive easements that are unrecorded, if any, that may exist.
3. The successful bidder shall pay all transfer stamps and recording fees, associated with the deed to be issued by the Substitute Trustee and the successful party shall have twenty (20) days to close the transaction after the public sale.
4. The above-described real estate will be sold by the undersigned Substitute Trustee at public auction to the highest bidder subject to the right of the undersigned Substitute Trustee to reject any and all bids if, in his opinion, said bids are inadequate.
5. The owner of the indebtedness secured by the Deed of Trust shall have the right to bid at the public sale; and
6. The sale shall be without representation or warranty of any kind, express or implied, and the Deed to be issued in this matter shall reflect the same and shall be a Special Warranty Deed.
7. There may be tenants in the building located on the premises and the successful bidder shall have the right to evict such tenants.
8. Such other terms as may be announced at the time of sale
The undersigned Substitute Trustee reserves the right to continue the public sale or to adjourn the public sale for a time or from time to time without further notice other than oral public announcement at the time and place of sale as hereinabove set forth or at any Continuance of Adjournment thereof.
The Sale shall be made WITHOUT WARRANTY OF TITLE of any nature.
Any questions regarding the Public Sale should be directed to the undersigned Substitute Trustee.
Pat A. Nichols
Attorney at Law
PO Box 201, 200 Main Street
Parsons, West Virginia 26287
304-478-2127
304-478-2128 (Fax)
E-mail: [email protected]
State Bar No. 2734
Given under my hand this the 23rd day of April, 2019.