Legal Notices

NOTICE OF SUBSTITUTE TRUSTEE’S SALE NOTICE is hereby given that, by virtue of the authority vested in the undersigned Substitute Trustee under that certain Deed of Trust between LARRY LIPPMAN, grantor, and PATRICK W. BRYAN, trustee, dated the 10th day of February, 2016 and recorded in the Clerk of the County Court of Wayne County, West Virginia, in Trust Deed Book 771, at Page 931, under which authority PAUL E. BISER, who was substituted as Trustee under the Deed of Trust by a Notice of Substitution of Trustee dated the 12th day of February, 2020 and recorded in the aforesaid Clerk’s office in Substitution of Trustee Book 818, at Page 236 and 819 at Page 281, now acts, by which was conveyed to the said Substitute Trustee the said hereinafter described real estate, to secure the payment of a certain note set out and described therein, and default having been made under the terms and conditions of said Deed of Trust, and the provisions of said Deed of Trust concerning acceleration having been complied with by the Lender and present holder of the note, and Paul E. Biser having been requested so to do by the owner and holder of said note, shall sell to the highest bidder, on APRIL 13, 2020 at 10:00 o’clock a.m., at the front door of the Court House of Wayne County, West Virginia, the following described real estate: PARCEL ONE All that certain tract or parcel of real estate, together with improvements thereon, situate on the waters of Stephens Branch, a tributary of the Right Fork of Twelve Pole Creek, Lincoln District, Wayne County, West Virginia, bounded described as follows; BEGINNING at a rock in Stephenbs Branch just above Mrs. Ferguson’s house; thence, running up said Branch bounding therewith its several meanders, N. 71 E 26 poles, N. 14 W, 4 poles, N. 80 E 24 poles, N. 29 E 30 poles, N. 30 E 20 poles, N. 52 E 18 oles, N. 57 1/2 E. 40 poles, N. 67 1/2 E. 31 poles to a gum in the forks of said branch, and line of 140 acre survey made for Car Lowe; thence, with same, N. 41 1/2 W. 92 poles to a poplar by fence, S. 64 W, 98 poles to a small black oak and white oak on a line of survey of 45 acres made for John Ferguson; thence, S. 26 1/2 W. 134 poles to a chestnut oak on a hill, S. 27 E 44 poles to three beeches on Branch; thence, S. 61 E. 19 poles to cucumber, thence, with a call from 240-acre tract of adioining property as recorded in Deed Book 98, at Page 524 N. 21 W. 32 poles to the point of BEGINNING containing ONE HUNDRED THIRTEEN (113) ACRES, More or less. EXCEPTING and RESERVING, however, from the operation of this conveyance, all the minerals, and mineral tights and priviliges in and under the above described real estate. FURTHER EXCEPTING and RESERVING, from the above described real estate, that certain parcel containing twenty (20) acres, more or less, conveyed to Willie Fortner by deed from Lafe Petry and Susie Perry, his wife, dated the 2nd day of March, 1950, and of record in the Office of the. Clerk of the County Commission of Wayne County, West Virginia, in Deed Book No, 261, at pap 490. FURTHER EXCEPTING AND RESERVING from the above-described teal estate, that certain parcel reserved by James Lambert and Murl Jean Lambert, husband and wife, in deed to Charles S Lamach and Barbara A. Lamach, husband and wife, as hereinafter set forth, and which said reserved parcel is more particularly bounded, and described as follows: BEGINNING at an iron Stake (set) on the west bank of Stephen’s Branch where thr e beeches formerly stood adjoining Frank Smith’s line; thence, leaving said Smith line and with severance line of James Lambert’s property, N. 35 25′ E 261.45 feet to an iron pipe (set), S. 69 13′ E 152.50 feet to a rock near the old house marked by an “X,” S. 48 25′ E 89.20 feet crossing County Road to an iron pipe (set), S. 13 49′ W. 271.62 feet to a marked white oak (found) on Frank Smith’s line; thence, with said line N. 61 W, 338.35 feet crossing County Road to point of BEGINNING, containing THREE and THIRTY-SEVEN ONE-HUNDREDTHS (3.37) ACRES, more or less. LEAVING A BALANCE. OF. APPROXIMATELY EIGHTY-NINE AND SIXTY-THREE ONE-HUNDREDTHS (89.63) ACRES, MORE OR LESS. PARCEL TWO: All that certain real estate situate and being in Lincoln District, Wayne County, West Virginia, bounded and described as follows: BEGINNING at a small black oak and white oak on a fork point of the Stephens Branch and on a line of a 45-acre survey made for John Ferguson, and with a line of the same, N. 14 1/2 W. 34 poles to a large black oak and white oak on a line of a survey made for Milton Ferguson, and with the line of same S. 76 W. 120 poles to a stake on a line of a 240 acre survey made for James Ferguson and with a line of the same N. 19 W. 13 poles to a sugar tree and hickory and corner to the said 240 acre survey and with the divisional lines of same S. 30 W. 60 poles to a beech in the head of Pinson; thence, leaving lines of same between Lots 1 and 3, S. 9 E 26 poles; to a white oak in a gap on top of the hill S. 35 E. 50 poles to a stake on the outline and with the divisional line between S. J. Ferguson and John Ferguson N. 77 E. 21 poles to a chestnut oak on a hillside S. 58 E. 17 poles to a small black oak and chestnut S 72 E. 36 poles to hickory and chestnut oak on top of a point by a field; thence, about N. 26 E. 131 poles to the BEGINNING, containing 101 acres, more or less. TOGETHER WITH all right-of-ways as set out in prior deeds. TERMS OF THE SALE: 1) The property will be conveyed in an AS IS physical condition by Deed containing no warranty, express or implied, subject to the 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. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) 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. 3) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 4) 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. 5) 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. 6) 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. 7) The total purchase price is payable to the Trustee by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified or cashier’s check. GIVEN under my hand this 18th day of March, 2020. s/ Paul E. Biser Paul E. Biser Trustee W.Va. Bar #7319 FREDEKING & BISER LAW OFFICES 511 Eighth Street Huntington, West Virginia 25701 (304)525-7701 LH-90376 3-20,27;2020