NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 1st day of November, 2017, signed by Richard J. Scott and Karen Sue Scott, his wife, to Gary A. Sacco, Esq. c/o McCamic, Sacco & McCoid, PLLC, Trustee(s), which said deed of trust is of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1554, at page 419, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 11:00 o’clock a.m. on the
7th day of August, 2019
at the front doors of the Courthouse in Ohio County in Wheeling, West Virginia the following described real estate:
All of a certain tract of land situated on Battle Run, a branch of the Little Wheeling Creek, in Liberty District, Ohio County, West Virginia, and adjoining lands of Edward Ray, George Ray (formerly Moses Ray) and others, and more particularly bounded and described as follows, to-wit:
Beginning at a stake, coroner to land of Edward Ray, George Ray (formerly Moses Ray) and to the heirs of Robert Griffin, deceased, and thence along the line of George Ray N. 25* E. 37 4/10 poles to a Beech on Point; thence leaving line of George Ray and then with line of lands formerly owned by Peregrin Whitham S. 66* E. 25 poles, passing a Hickory at 23 poles; thence S. 25* W. 26 poles to line of Edward Ray; thence along Ray’s line N. 89 ¼* W. 28 poles to the place of beginning, and containing Five (5) acres, more or less.
Together with all and singular the improvements thereon, and the hereditaments and appurtenances thereunto belonging.
Excepting, however, all of the Pittsburgh or river vein of coal in under said property, together with the coal and mining rights and privileges thereto belonging, the same having heretofore been conveyed by Richard Taggart to W.H.B. Bulger by deed dated June 20, 1901, and recorded in the office of the Clerk of the County Court of Ohio, County, West Virginia, in Deed Book No. 109, page 316.
Bring the same property conveyed to Richard J. Scott and Karen Sue Scott, his wife, by Helen Jane Lemasters, widow, by Deed dated September 25th, 1992, and recorded in the aforesaid Clerk’s office in Deed Book 814, at page 481.
This property is under lease for oil and gas purposes and at times royalty payments are made under the oil and gas lease. The deed of trust made no exception to oil and gas rights owned by the borrowers and therefore the trustee conveys with no covenants of warranty the rights of the borrowers in the oil and gas deposits in this property including the right to receive royalty payments.
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.
The above described real estate is reported to have a mailing address of: 1908 Battle Run Road, Triadelphia, WV 26059
TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
The party secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record.
Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below.
GOLDEN & AMOS, PLLC, TRUSTEE
543 Fifth Street,
P.O. Box 81
Parkersburg, WV 26102
Telephone
(304) 485-3851
Fax (304) 485-0261
E-mail: vgolden@golden
amos.com
Our business hours are 8:30 AM – 5:00 PM
On weekdays – not
including holidays
N.R. July 24, 31, 2019