NOTICE OF SALE UNDER DEED OF TRUST
Default having been made in the payment of that certain note and debt secured by that certain deed of trust, executed by Raymond P. Phillips and Tanya M. Phillips which deed of trust is dated July 12, 2002, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Trust Deed Book 104 at page 339, and demand for sale having been made by the beneficiary and holder of the note and debt secured thereby, to-wit: Premier Bank, Inc., formerly known as Bank of Gassaway; notice is hereby given that on the 13th day of October, 2015, at 11:00 o’clock A.M., the undersigned, Substitute Trustee, Terry D. Reed, will offer for sale at public auction to the highest bidder thereof, at the front door of the Courthouse at Clay County, West Virginia, subject to the reservations, exceptions and provisions hereinafter mentioned, described or referred to, the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, being more particularly described as follows:
All those certain lands, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Otter District, Clay County, West Virginia, and more particularly bounded and described as follows, to-wit:
TRACT ONE:
That certain tract or parcel of land situate on the waters of Elk River at Snake Creek, in OTTER District, Clay County, West Virginia, being part of Lot 17B and all of Lot 17A, bounded as follows:
BEGINNING at a point located approximately 15 feet east of centerline of West Virginia Route 4 and being in the center of Lot 17B, thence leaving West Virginia Route 4 and heading towards Elk River and running through the center of Lot 17B, N. 88 degrees 39’ E., 302 feet to a point at the edge of Elk River; thence with the edge of Elk River for two calls, S. 1 degree 55’ W., 25.14 feet to a point; thence S. 22 degrees 3’ W., 55.62 feet to a point; thence leaving the edge of Elk River and heading back towards West Virginia Route 4 with the dividing line between Lot 16 and Lot 17A, S. 88 degrees 54’ W., passing a steel pipe at 10 feet; thence continuing along same bearing 81.55 feet to a steel pipe; thence continuing along the same bearing 189.62 feet to reinforcing bar located at the edge of West Virginia Route 4, in all a distance of 281.17 feet from the edge of Elk River to the edge of West Virginia Route 4; thence along and with the edge of West Virginia Route 4 N. 0 degrees 16’ W., 50 feet to point of intersection with and common corner of Lot 17B and 17A; thence N. 2 degrees 40’ E., 25 feet to the lace of beginning, and containing .475 acres, and further being one-half of Lot 17B and all of Lot 17A as shown on that survey and plat for Town and Country Enterprises, Inc., dated the 17th day of November, 1986, surveyed by C. R. Vaughan, CLS 782.
There is further granted unto the Parties of the Second Part the right of ingress, egress and regress across Lot 16, to the lot herein conveyed, as said right of way in now located, which said right shall be used in conjunction with the other owners of lots in said subdivision. There is further granted unto the Parties of the Second Part the right to the joint use, along with the owner of Lot 16, of the dug well located on Lot 16.
There is RESERVED for the benefit of owners of other lots in said subdivision, a right of way across Lot 17A and that portion of Lot 17B for the purpose of ingress, egress and regress as the same is presented located.
Being the same property conveyed by Daniel M. Kryzak Sr. and Phyllis J. Kryzak, his wife, to Raymond P. Phillips and Tanya M. Phillips, his wife, by deed dated July 12, 2002, and of record in said Clerk’s Office in Deed Book 189 at page 749.
TRACT TWO:
Lot 16, situate in Otter District, Clay County, West Virginia, situate on the north side of Elk River, immediately below the mouth of Snake Creek.
Being a part of the Second Tract in that certain deed from Jon G. Phillips, Audic Phillips and Michel Phillips, to Raymond P. Phillips, by deed dated the 8th day of October 1999, and of record in said Clerk’s Office in Deed Book 283 at Page 749.
This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.
This sale is made subject to, and where applicable, the Purchaser herein shall have the benefit of the exceptions, reservations, rights of way, easements and provisions contained in the foregoing deeds of record.
This sale is further made subject to any and all terms of any other deeds constituting the chain of title. The aforesaid tract, and sale thereof, are subject to rights of way or casements and all prior reservations, exceptions, restrictions and agreements affecting the premises which are of record in said Clerk’s Office or which would be disclosed by a careful inspection of the premises and any unpaid real estate taxes.
Said sale is further made subject to any prior reservations of coal, oil or gas, minerals, and mining, drilling and production rights pertinent thereto. No representation or warranty as to the status of title to the aforesaid property, nor the status of any appurtenances or rights pertaining thereto is given.
TERMS OF SALE
Cash in hand on day of sale, and subject to any and all unpaid or unassessed property taxes against said real estate.
The undersigned Trustee reserves the right to continue, cancel, or postpone the sale of said real estate and property from time to time, and to reject all bids if deemed inadequate as he may determine necessary, without notice other than oral proclamation of said postponement, continuation or cancellation at the advertised time and place of said sale.
Dated at Buckhannon, West Virginia, this 3rd day of September, 2015.
Terry D. Reed, Trustee/Substitute Trustee
P.O. Box 310
Buckhannon, West Virginia 26201
304-472-1565