TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
167 Kenwood Street, Parkersburg, WV 26104
In a Deed of Trust dated December 15, 2009, and duly recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed of Trust Book 1589, at page 194 Dianne Wolfe did convey unto Robert Milner, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Wood County Courthouse, 1 Court Square, Parkersburg, West Virginia 26101 on:
May 24, 2022
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF WOOD, AND STATE OF WEST VIRGINIA AND BEING DESCRIBED IN A DEED DATED 11/19/2009 AND RECORDED 11/20/2009 IN BOOK 1147 PAGE 926 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS:
THE FOLLOWING DESCRIBED LOT, TRACT OR PARCEL OF LAND SITUATE IN THE DISTRICT OF CLAY, WOOD COUNTY, WEST VIRGINIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN MILL RUN CORNER TO DEIMAR J. AND MARION S. BROWN, THENCE LEAVING SAID RUN AND PASSING A 2-1/2 FOOT IN DIAMETER WHITE OAK TREES ON THE BANK OF SAID RUN, N 20 DEG W. 350 FEET ALONG THE LINE OF A PRESENT EXISTING FENCE; THENCE CONTINUING ALONG THE LINE OF SAID FENCE N. 12 DEG. W. 200 FEET; THENCE N. 8 DEG. E. 139 FEET TO A POST NEAR A HICKORY TREE THENCE W. 257 FEET TO A STAKE; THENCE N. 15 DEG. E 121 FEET TO A POST, CORNER TO ISNOS NOW OWNED BY MRS. BLAINA BREAINAUER, THENCE N. 88 DEG. W. 187 FEET TO A POST; THENCE S. 5 DEG. E. 371 FEET TO A POST, THENCE S. 41 DEG. W. 48 FEET TO A POST; THENCE S. 5 DEG W. 106 FEET TO A POST; THENCE N. 42 DEG. E. 45 FEET TO A POST; THENCE S. 66 DEG. E. 102 FEET TO A POST; THENCE S. 7 DEG. 30 MIN. W. 371 FEET TO A POST; THENCE WITH THE LINE CENTER OF MILL RUN S. 76 DEG. 30 MIN. E. 143 FEET TO A POST, N. 74 DEG. 30 MIN E. 216 FEET TO A POST; N. 50 DEG. 30 MIN. E. 126 FEE TO THE PLACE OF BEGINNING, CONTAINING 7 – 1/3 ACRES, MORE OR LESS, BEING A PART OF THE 61 ACRES TRACT OF LAND CONVEYED TO RONALD PFALZGRAF BY RUSSEL A. PFALZGRAF, ET AL. BY DEED DATED FEBRUARY 29, 1944 OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF WOOD COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 257, PAGE 390.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED LOT, TRACT OR PARCEL OF LAND, TOGETHER WITH THE RIGHT OF WAY AND PERPETUAL EASEMENT TO THE SAME, SITUATE IN THE DISTRICT OF CLAY, WOOD COUNTY, WEST VIRGINIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE LINE OF RONALD PFATOGRAT IN THE CENTER OF MILL RUN DOWN FROM A LARGE ROCK; THENCE NORTH 83 DEGREES EAST PASSING A STAKE AT THE TOP OF THE BANK AL 92 FEET AND ALONG THE SOUTH SIDE OF A 30 FOOT ROAD A TOTAL OF 306 FEET TO A STAKE IN THE DELMER J. BROWN LINE; THENCE WITH THE BROWN LINE ALONG AN OLD FENCE LINE IN A SOUTHERLY DIRECTION 310 FEET PASSING A LARGE RED OAK AT 292 FEET TO THE COUNTY OF MILL RUN; THENCE DOWN THE CENTER OF MILL RUN SOUTH 50 DEGREES 30 MINUTES WEST 115 FEET; SOUTH 74 DEGREES 30 MINUTES WEST 216 FEET; NORTH 76 DEGREES 30 MINUTES WEST 143 FEET; NORTH 7 DEGREES 30 MINUTES WEST 371 FEET TO THE PLACE OR BEGINNING CONTAINING 3 ACRES MORE OR LESS; BEING A TRACT OF LAND CONVEYED TO FRED J. RAPP AND BLANCNE E. RAPP BY RONALD PFALZGRAF BY DEED DATED DECEMBER 20, 1963, OF RECORD IN THE AFORESAID CLERK’S OFFICE IN DEED BOOK 486 AT PAGE 464.
PARCEL NO. 130-00R10000
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Wood County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $13,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
Nov 11, 18