NOTICE OF TRUSTEE SALE OF
VALUABLE REAL ESTATE
Notice is hereby given that the undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust dated March 31st, 2017, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 981, at page 193, Jonathan Adkins (also known as Johnathan adkins) and Susan Lambert, did convey unto Lawrence J. Ickes, Trustee, certain real property described in said Deed of Trust; and, default having been made in the payment of the Note secured by the aforesaid Deed of Trust; and, such default having continued for a period of more than sixty (60) days; and, whereas, Alan H. Larrick was appointed Substitute Trustee as recorded in the aforesaid Clerk’s Office in Trust Deed Book 1023, at Page 697; the undersigned Substitute Trustee having been instructed by Villa Land Company, LLC, the owner and holder of said Note, to foreclose thereunder and having elected to treat the whole principal debt secured by said Deed of Trust as immediately due and payable;
NOW, THEREFORE, the undersigned Substitute Trustee, having been required to do so by the said owners of the note, will offer for sale the real estate conveyed by said Deed of Trust, at public auction, to the highest bidder, at the front door of the Courthouse of Fayette County, West Virginia, 100 N Court Street, in the City of Fayetteville, West Virginia, on the 27th day of January, 2020, at 10:00 o’clock a.m., which said real estate in said Deed of Trust is described as the surface of the following described real estate, to-wit:
TRACT ONE:
The surface of all that certain lot or parcel of land together with the improvements thereon, situate at Kilsyth in Fayetteville District of Fayette County, West Virginia, and which is more particularly bounded and described as follows:
BEGINNING at a point in the center line of the main line tract of The Chesapeake & Ohio Railway Company’s Loup Creek Branch, said point being the southeast corner of a lot conveyed to the parties of the second part by the parties of the first part, May 27, 1963; thence leaving said tract and running S 74-53 W 31.45 feet to a point in the center line of said main tract, thence continuing with said center line N 77-13 E 74.95 feet to a point in said center line; thence leaving the same and running approximately N 10-00 W approximately 210 feet to a point in the center line of a 14 foot black top road, designated as West Virginia Secondary Road, Route 19/2; thence with the center line of said road, N 89-39 W to an iron pin on the line of St. Peter & Paul’s Catholic Church; thence continuing with the center line of said road, S 82-10 W 75.62 feet to an iron pin, in said center line, a common corner to said Catholic Church lot and Lot No. 101, thence continuing with said center line, and the line of Lot 101, S 58-29 E approximately 45 feet to a point in said center line, corner to the aforesaid lot conveyed to the parties of the second part by the parties of the first part, May 27, 1963, and with the line of said lot, S 15-35 W, approximately 209 feet to a point in the center line of said Chesapeake & Ohio Railway Company’s Loup Creek Branch main line tract, the beginning, all is more fully shown upon a white print map attached to a deed from The New River Company, a West Virginia corporation, to the parties of the first part, dated January 7, 1963, entitled “MAP SHOWING 1.16 ACRES SURFACE PARCEL AT KILSYTH, WEST VIRGINIA, TO BE DEEDED BY THE NEW RIVER COMPANY TO JAMES R. ELSWICK AND WIFE”, dated the Third day of January, 1963, and bearing Grantor’s file Number 1712-B and which map is recorded in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 15 at page 102, reference to which is here made for a more complete and accurate description of the real estate herein described and hereby conveyed.
There are EXCEPTED and RESERVED from the operation of this deed and from the real estate hereinbefore described and conveyed, and not hereby conveyed, the following:
FIRST: A 15-foot strip or parcel of land lying on the southern side of the center line of West Virginia Secondary Route 19/2, said strip lying along the northern boundary of the real estate hereinabove described, which strip or parcel of land has heretofore been dedicated to the public for public road purposes.
SECOND: A 30-foot strip or parcel of land lying to the north of the center line of The Chesapeake & Ohio Railway Company’s Loup Creek Branch main tract, on the southern boundary of the real estate hereinabove described, which said strip or parcel of land has heretofore been conveyed to said Chesapeake & Ohio Railway Company.
THIRD: All rights, rights of way and easements granted to or lawfully vested in Appalachian Power Company, The Chesapeake & Potomac Telephone Company of West Virginia, Cabot Corporation, City of Mount Hope (for water lines, etc.) and other utilities of which the foregoing are successors, by or through the parties of the first part and their predecessors in title.
FOURTH: All electric power lines, telephone lines, wires, poles and appurtenances of The New River Company, its successors and assigns, with the right to maintain, repair and remove the same and to cut the brush and trees for a distance of 20 feet on either side of the center line of said line, with all necessary rights for ingress and egress for the purposes aforesaid, which rights shall end upon the final abandonment by the said New River Company, its successors and assigns, of said power line, heretofore reserved by it as aforesaid.
FIFTH: All of the coal, oil, gas and other minerals and mineral substances in and under the real estate herein above described and hereby conveyed, together with all necessary and convenient mining, production, transportation and utility rights, rights of way and easements in connection therewith and pertaining thereto, and the right to haul and transport coal, oil, gas, other minerals and mineral substances and persons and things necessary and incidental thereto in, through and under, but not upon the surface and over the same, from any and all lands wherever situate, together with the right to mine, remove, produce, transport and carry away all and the entire amount and body of the coal, oil, gas, other minerals and mineral substances in and from the described and conveyed real estate and adjacent thereto, without liability for damage or injury to and destruction of the surface of said lands and anything now or hereafter therein and thereon, including but not limited to buildings, structures and improvements, growing things, pipes, lines and ways, wells, springs and water courses.
TRACT TWO:
The surface of all that certain lot or parcel of land, together with the improvements thereon, situate at Kilsyth in Fayetteville District of Fayette County, West Virginia, and which is more particularly bounded and described as follows:
BEGINNING at a lead plug in the centerline of a 14-foot blacktop road, designated as West Virginia Secondary Road, Route 19/2, thence S 16-16 E and with the western edge of a 12-foot alley, an eastern boundary of Lot 104, 108.40 feet to a point, thence N 70-16 E 12.03 feet to a point, thence with Lot 105, S 15-35 E 100.88 feet to a tack in a tie in the centerline of the main line tract of the Chesapeake and Ohio Railway Company’s Loup Creek Branch; thence with the centerline of the said main track N 74-53 E 50 feet to a point in said centerline, thence leaving the same N 15-35 W, approximately 209 feet to a point in the centerline of the aforesaid West Virginia Secondary Road, Route 19/2; thence with the centerline of said road S 68-29 W, approximately 62 feet to the point of beginning, all as more fully shown upon a map attached to the hereinafter referred to deed, entitled “MAP SHOWING 1.16 ACRES SURFACE PARCEL AT KILSYTH, WEST VIRGINIA, TO BE DEEDED BY JAMES R. ELSWICK AND WIFE”, dated January 3, 1963, and bearing file number of The New River Company #1712-B, and which map is recorded in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 15 at page 102, reference to which is here made for a more complete and accurate description of the real estate herein described and hereby conveyed.
There are EXCEPTED and RESERVED from the operation of this deed and from the real estate hereinbefore described and conveyed, and not hereby conveyed, the following:
FIRST: A 15-foot strip or parcel of land lying on the southern side of the center line of West Virginia Secondary Route 19/2, said strip lying on the northern boundary of the real estate hereinabove described, which strip or parcel of land has heretofore been dedicated to the public for public road purposes.
SECOND: An approximate 12.03 feet strip of land, situate to the west of the conveyed parcel and described on said map as “12′ alley”.
THIRD: A 30-foot strip or parcel of land lying to the north of the centerline of The Chesapeake and Ohio Railway Company’s Loup Creek Branch main tract, which said strip or parcel of land has heretofore been conveyed to said Railway Company.
FOURTH: All rights, rights of way and easements granted to or lawfully vested in Appalachian Power Company, the Chesapeake and Potomac Telephone Company of West Virginia, Cabot Corporation, City of Mount Hope (for water lines, etc.) and other utilities of which the foregoing are successors, by or through the parties of the first part and their predecessors in title.
FIFTH: All electric power lines, telephone lines, wires, poles and appurtenances of The New River Company, its successors and assigns, with the right to maintain, repair and remove the same and to cut the brush and trees for a distance of 20 feet on either side of the centerline of said line, with all necessary rights for ingress and egress for the purposes aforesaid, which rights shall end upon the final abandonment by the said New River Company, its successors and assigns, of said power line, heretofore reserved by it as aforesaid.
SIXTH: All of the coal, oil, gas and other minerals and mineral substances in and under the real estate herein above described and hereby conveyed, together with all necessary and convenient mining, production, transportation and utility rights, rights of way and easements in connection therewith and pertaining thereto, and the right to haul and transport coal, oil, gas, other minerals and mineral substances and persons and things necessary and incidental thereto in, through and under, but not upon the surface and over the same, from any and all lands wherever situate, together with the right to mine, remove, produce, transport and carry away all and the entire amount and body of the coal, oil, gas, other minerals and mineral substances in and from the described and conveyed real estate and adjacent thereto, without liability for damage or injury to and destruction of the surface of said land and anything now or hereafter therein and thereon, including but not limited to buildings, structures and improvements, growing things, pipes, lines and ways, wells, springs and water courses.
TRACT THREE:
All that certain lot or parcel of surface land, together with the improvements thereon, situate at Kilsyth, in Fayetteville District of Fayette County, West Virginia, known and designated as Lot No. One Hundred Five (105) on a map of plat of the same, marked “Kilsyth Subdivision Mount Hope Investment Company,” made by R. H. Neil, C. E., and filed in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 7, at page 42.
This deed is made and accepted subject to all reservations, exceptions, limitations, restrictions and conditions contained in all former conveyances of said property or any part thereof, except those pertaining to race, color or creed; and further subject to that certain Right-of-Way Easement dated April 17, 2004 between Quinta Angius (Estate) c/o Josephine Wriston and The City of Mount Hope, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Book 619, at page 697.
AND BEING the same property acquired by Johnathan Adkins and Susan Lambert, by deed dated the 24th day of March, 2017, from Tracy Sykes, Ellen McCoy, Rose Hayes, Mary Webb, Frank Angius, Sam Angius, Patty Wooten, Josie Wriston, Jack Angius, Tammy Hancock, Lesia Higginbotham, Angela Angius, Joyce Wriston, and Juddy Ray Angius, recorded in the Clerk’s Office of the County of Commission of Fayette County, West Virginia, in Book 747, at Page 170.
The undersigned Substitute Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice than announcement of the time and the place of sale as herein above set forth for any continuance or adjournment thereof.
TERMS OF SALE:
1. Cash in hand on day of sale;
2. Subject to any prior deeds of trust of record and payment of real estate taxes;
3. The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, 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.
4. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1.
5. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
6. The Trustee 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.
7. 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.
8. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by Deed of Trust reserve the right to purchase the property at such sale.
DATED this 24th day of December, 2019
ALAN H. LARRICK
Substitute Trustee