Demus Trustee Sale

NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated May 6, 2009 (the “Deed of Trust”), made by Nick Demus, Jr. and Merelyn Demus 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 967, at page 752, to secure First Exchange Bank in the payment of the sum of $330,724.19 by Demus Italian Specialty Foods, Inc. and Joseph D. Demus, 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 Bank, the owner and holder of said note, said Substitute Trustee, on
FRIDAY, OCTOBER 16, 2015 AT 1:00 P.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 the following described tracts or parcels of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the Town of Worthington, Lincoln District, Marion County, West Virginia, reported to have, at the time of the execution of the Deed of Trust, an address of 238 Main Street, Worthington, West Virginia 26591, and being more particularly bounded and described as follows:
PARCEL NO. ONE: Beginning at a point in line of Joe Devoli and running with Main Street in the Town of Worthington. S. 80° W. 58 feet to line of F. M. Billingslea; thence with said Billingslea line, S. 12° W. 131.8 feet to a point in line of J. D. Bennett; thence with Bennett line N. 87 1/2° E. 59 feet to a point in line of said Devoli; thence with Devoli line, N. 13 1/2° E. 131 feet to the beginning, containing 7686 square feet.
Excepting and reserving therefrom, that certain strip six (6) feet wide and fifty nine (59) feet long, conveyed to Lillie Mae Bennett by Charles T. Martin and Etta Martin, husband and wife, by deed dated May 31, 1960, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 622, Page 371.
PARCEL NO TWO: Being that certain tract of parcel of real estate situate in the said Town of Worthington, Marion County, West Virginia, which said tract or parcel of land fronts 120 feet on Water or Lower Street in the said Town of Worthington and extends back with horizontal lines, extending to the middle of the West Fork River.
There is excepted and reserved from said real estate a permanent easement and right of way for the installation and maintenance of a sanitary sewer system granted to the Town of Worthington by Order of the Circuit Court of Marion County, West Virginia entered December 5, 1996 in Civil Action No. 94-P-26, a map or plat of which said easement is recorded in said Clerk’s Office in Deed Book No. 936, Page 951 which said map or plat is incorporated herein by reference for all pertinent purposes.
Being the same real estate that was conveyed to Nick Demus and Merelyn Demus, husband and wife by the following deeds:
• Deed from Ralph L. Martin and Wretha B. Martin, husband and wife, dated December 4, 1972 and recorded in said Clerk’s Office in Deed Book No. 766, Page 851.
• Deed from Margaret C. Wilson, Special Commissioner, dated December 27, 1972 and recorded in said Clerk’s Office in Deed Book No. 766, Page 866.
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 said property.
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. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
Additional terms and conditions may 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: September 17, 2015
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Times: September 23, 30, 2015