NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated June 14, 2005 (the “Deed of Trust”), made by Anthony D. Fluharty and Angela M. Fluharty to Philip A. Prichard, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 836, at Page 880, in order to secure First Exchange Bank in the payment of the sum of $199,200.00, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange, the owner and holder of said note, said Substitute Trustee, on
FRIDAY, NOVEMBER 15, 2019 AT 11:00 A .M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all those two adjoining tracts or parcels of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, reported to have, at the time of execution of the Deed of Trust, a physical address of RR 3 Box 189B, Mannington, West Virginia, 26582, situate on the waters of Plum Run, in Lincoln District, Marion County, West Virginia, and being more particularly bounded and described as follows:
PARCEL ONE: All of the following described 1.918 acre tract or parcel of real estate situate on the waters of Plum Run, in Lincoln District, Marion County, West Virginia, a map or plat of said 1.918 acre tract or parcel is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 969, at page 116, and also shown on the plat with Parcel Two (0.89 acres) in Deed Book 999, at page 850, and being more particularly bounded and described as follows:
Beginning at a point in Marion County Route 16, standing as a corner to lands now or formerly owned by Billy R. Fluharty (DB 630/557) and Danny L. Fluharty (DB 928/1105); thence leaving said Billy Fluharty and with said Danny Fluharty and Route 16 N. 45° 23′ 49″ E. 33.32 feet to a point standing as a new corner to Danny Fluharty; thence leaving said Route 16 and with new lines of said Danny Fluharty S. 35° 42′ 38″ E. 241.67 fuel to a 1/2″ by 30″ iron rod (set), (passing through a wooden fence post on the southern side of said Route 16 at 12.00 feet); thence N. 74° 37′ 54″ E. 106.04 feet to a 1/2″ by 30″ iron rod (set); thence S. 76° 14′ 13″ E. 239.32 feet to a 1/2″ by 30″ iron rod (set); thence S. 24° 34′ 01″ W. 128.80 feet to a 1/2″ by 30″ iron rod (set); thence S. 57° 45′ 09″ W. 257.21 feet lo a point standing in line of lands now or formerly owned by said Billy Fluharty and as a new corner to Danny Fluharty, (passing through a ?” by 30″ iron rod (set) at 248.56 feet), said point also being located N. 26° 36′ 11″ W. 1187.08 feet from a point standing as a corner to lands now or formerly owned by Shawn Rinehart (DB 882/1152) and Billy Fluharty and in the line of said Danny Fluharty; thence with said Billy Fluharty and original line of Danny Fluharty N. 26° 36′ 11″ W. 510.05 feet to the place of beginning, (passing through a wooden fence post on the southern side of said Route 16 at 486.01 feet), containing 1.918 acres.
Being the same real estate that was conveyed by Danny Lee Fluharty and Carolyn husband and wife, to Anthony Dirk Fluharty and Angela Maria Maset, by a deed dated the 23rd day of April 2001, and recorded in the aforesaid Clerk’s Office in Deed Book 969, at page 112. Anthony Dirk Fluharty and Angela Maria Maset have since married and they are the said Anthony Dirk Fluharty and Angela Maset Fluharty, husband and wife, Grantors herein.
PARCEL TWO: All of the following described 0.89 acre tract or parcel of real estate situate on the waters of Plum Run, in Lincoln District, Marion County, West Virginia, said 0.89 acre tract or parcel is included on a map or plat of recorded in the aforesaid Clerk’s Office in Deed Book 999, at page 850, and being more particularly bounded and described as follows:
Beginning at a point in Marion County Route 16, standing as a corner to a 1.918 acre tract, surveyed previously for Anthony Dirk Fluharty and as a corner to Danny L. Fluharty (DB 928, PG 1105); thence leaving said 1.918 acre tract and with said Route 16, N. 45° 23′ 49″ E. 57.44 feet to a point, standing as a new corner to said Danny L. Fluharty; thence leaving said Route 16 and continuing with new line of said Danny L. Fluharty, S. 58° 36′ 14″ E. 509.46 feet to a 1/2 – inch by 30 – inch iron rod (set previously), standing as a corner to said 1.918 acre tract, (passing through a 20 – inch black walnut on the southeastern side of said Route 16 at 12.92 feet); thence with said 1.918 acre tract for three lines, N. 76° 14′ 13″ W. 239.32 feet to a 1/2 – inch by 30 – inch iron rod (set previously); thence S. 74° 37′ 54″ W. 106.04 feet to a 1/2 – inch by 30 – inch iron rod (set previously); thence N. 35° 42′ 38″ W. 241.67 feet to the place of beginning (passing through a wooden fence post on the southeastern side if said Route 16 at 229.67 feet), containing 0.89 acre.
Being the same real estate conveyed by Danny Lee Fluharty and Carolyn Fluharty, husband and wife, to Anthony Dirk Fluharty and Angela Maset Fluharty, husband and wire, by a deed dated the 11th day of January 2005, and being recorded in the aforesaid Clerk’s Office in Deed Book 999, at page 845.
ADJOINING PARCEL: As shown on the map or plat of record in the aforesaid Clerk’s Office in Deed Book 999, at page 850, the 1.918 acre Parcel One and the 0.89 acre Parcel Two are adjoining parcels.
In the aforesaid deed conveying the 0.89 acre parcel by Danny Lee Fluharty and Carolyn Fluharty, husband and wife, to Anthony Dirk Fluharty and Angela Maset Fluharty, husband and wife, dated the 11th day of January 2005, and recorded in Deed Book 999, at page 845, there was included the following provisions concerning Right of Ways and Fences:
“RELEASE OF RIGHT OF WAY: In the aforesaid deed dated 21 April 2001 conveying the 1.918 acre parcel, the Grantors, Danny Lee Fluharty and Carolyn Fluharty, reserved a 15 foot wide right-of-way from Marion County Route 16, near and along the northern boundary fines of this 1.918 acre parcel conveyed herein, for access to and from other property owned by Danny and Carolyn Fluharty, as set out on the plat attached to that deed, said plat being recorded in Deed Book 969, at page 116. The Grantors, Danny Lee Fluharty and Carolyn Fluharty, do hereby release any and all interests they may possess in said 15 foot wide right of way, and do hereby grant and convey to the Grantees. Anthony Dirk Fluharty and Angela Maset Fluharty, husband and wife, jointly with survivorship, any rights they might have reserved pertaining to said 15 foot right of way.”
“NEW RIGHT OF WAYS FOR DANNY LEE FLUHARTY AND CAROLYN FLUHARTY: In exchange and consideration for the release of said right of way, as provided in the aforesaid Paragraph, Parties of the Second Part, Anthony Dirk Fluharty and Angela Maset Fluharty, husband and wife, do, with Covenants of General Warranty, hereby grant and convey unto Parties of the First Part, Danny Lee Fluharty and Carolyn Fluharty, husband and wife, jointly with rights of survivorship, fifteen foot (15′) wide road right of ways, one running partly near and partly along the southwestern boundary of the aforesaid 1.918 acre parcel, and the second running from the first, along the front or northwestern boundaries of the l.918 acre parcel and this 0.89 acre parcel, near and along Marion County Route 16, both running from said Marion County Route 16 to property being retained by Danny Lee Fluharty and Carolyn Fluharty, for access to and from said property of Danny Lee Fluharty and Carolyn Fluharty, and Marion County Route 16, all as more particularly shown on the plat being attached to this deed. These road right of ways may be used jointly by the parties hereto, their heirs and assigns, and are for access only and no party shall block or interfere with the proper use of said road right of ways by the other parties with rights thereto.”
“FENCE: Also in the aforesaid deed dated 21 April 2001 conveying the 1.918 acre parcel, there was a condition that that the Grantees, Anthony Dirk Fluharty and Angela Maria Maset, now Anthony Dirk Fluharty and Angela Maset Fluharty, shall build and maintain a fence along all of the lot lines of the 1.918 acre parcel, except for the first call, which ran with Marion County Route 16, and the last call, which ran with Billy R. Fluharty. With the conveyance of this 0.89 acre parcel to the Grantees, being adjoining the 1.918 acre parcel, the required fence boundary will remain fully in effect except for the following two changes:
1. The Grantees, Anthony Dirk Fluharty and Angela Maset Fluharty, in accepting this deed do hereby agree to build and maintain a fence along the second line in the description for the 0.89 acre tract, that is along the following line, “thence leaving said Route 16 and continuing with new line of said Danny L. Fluharty, S. 58° 36′ 14″ E. 509.46 feet to a 1/2 – inch by 30-inch iron rod (set previously), standing as a corner to said 1.918 acre tract, (passing through a 20 – inch black walnut on the southeastern side of said Route 16 at 12.92 feet)”. This fence provision shall be a condition that runs with this property and shall be an obligation of the Grantees, their heirs or assigns.
2. The Grantors. Danny Lee Fluharty and Carolyn Fluharty, do hereby release the three adjoining lines between the aforesaid 1.918 acre parcel and 0.89 acre parcel, that is the three lines which they share in common, as shown on the plat attached hereto, from the requirement that a fence be built and maintained.
The net effect of these changes is that a fence must be built and maintained along three outer lines of the combined two adjoining parcels containing 1.918 acres and 0.89 acre, that is along all of the outer lines of said combined two parcels except for the lines on Marion County Route 16 and the line with Billy R. Fluharty, all as shown on the plat recorded herewith.”
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
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.
Dated: October 15, 2019.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Times: October 24, 31, 2019