LEGAL ADVERTISEMENTS

7495
July 7, 14, 21

NOTICE OF TRUSTEE’S SALE

Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of those certain Deeds of Trust: (i) dated June 23, 2006, and recorded June 27, 2006 of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 1479, Page 222 made by Robert L. Christopher, Jr., as Grantor in favor of Stephen K. Shuman and Robert Louis Shuman, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of Kenna J. Weaver (deceased) and Patricia A. Weaver, in the original principal amount of $640,000.00; and, (ii) dated April 23, 2012, and recorded April 30, 2012 of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 1866, Page 576 made by Robert L. Christopher, Jr. and Taya M. Christopher in favor of Stephen K. Shuman and Robert Louis Shuman, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of Patricia A. Weaver, in the original principal amount of $163,000.00, plus interest thereon, and all other indebtedness arising under each Deed of Trust and Promissory Note.

Pursuant to authority granted in each Deed of Trust, Patricia A. Weaver, the owner and holder of each Promissory Note secured by the Deeds of Trust, appointed Eric London, a resident of Monongalia County, West Virginia, to serve as Successor Trustee, by those certain Notices of Substitution of Trustee, dated April 9, 2021, of record in the aforesaid Clerk’s office in Book 2431, at page 322 and at Book 2431 and page 325.

Patricia A. Weaver, the owner and holder of the Promissory Notes secured by the Deeds of Trust, has notified the Successor Trustee that Robert L. Christopher, Jr. and Taya M. Christopher are in default under the terms of the Deeds of Trust and the Promissory Notes, and has requested, in writing, that the Successor Trustee sell the real property described in the Deeds of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.

TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 28th day of July, 2021, at 9:00 a.m., prevailing Eastern time, at the front door of the Monongalia County Courthouse, 75 High Street
Morgantown, West Virginia, 26505 certain real estate situate in Monongalia County, West Virginia, and being more particularly bounded and described as follows (hereinafter, the “Real Property”):

All that certain tract or parcel of real estate, together with the buildings and improvements thereon, situate, lying and being on the East side of Cheat River, in Union District, Monongalia County, West Virginia, and being more particularly bounded and described as follows: Beginning at a stake in the line now or formerly of E. B. Collins; thence with same, N. 80° W. 94 poles to a stone; thence N. 36° E. 54.5 poles to a stone pile and pointers; thence S. 55° E. 23.5 poles to a rock oak; thence N. 22° 15′ E. 136 poles to a stake; thence leaving the original line and running by a partition line and a line of land now or formerly of C. Lloyd Ryan, S. 47° E. 58.5 poles to the original outline of the whole tract of which the subject parcel was a part; thence with the same, S. 22° W. 142.5 poles to the beginning, containing 64 acres, more or less.

There is excepted and reserved from the operation of the within conveyance all of the coal, oil and gas, within and underlying said real estate.

This conveyance is made subject to all other reservations, restrictions, exceptions, easements, rights-of-way and other conditions as made and imposed upon the subject real estate by the Grantor herein or his predecessors in title.

And being the same real estate that was conveyed to Robert L. Christopher, Jr. by Kenna J. Weaver and Patricia A. Weaver, husband and wife, by Deed dated the 23rd day of June, 2006, and to be recorded prior to or simultaneously herewith.

TERMS OF SALE

The Real Property will be sold for (a) cash in hand on the date of sale, (b) a ten percent (10%) down payment due on the date of sale with the remaining purchase money due on or before the thirtieth (30th) day following the sale date, or (c) under any different, other, or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:

1. Various rights of way and leasehold interests, whether recorded in aforesaid Clerk’s office or unrecorded, and to the extent any of the foregoing is still valid, in effect, and enforceable at the time of sale;

2. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
3. Any statutory lien or liens that may affect the Real Property;

4. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;

5. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deed of trust referred to herein.

6. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring Real Property (the cost of the tax stamps to be affixed to the Deed).

7. All of the Real Property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.

8. In the event that there are federal tax liens against the Real Property, the United States would have the right to redeem the Real 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.

9. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.

10. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.

11. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.

12. The sale is subject to post-sale confirmation that Robert L. Christopher, Jr. and Taya M. Christopher did not file for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.

13. The Trustee reserves the right to act by agent and/or attorney, as permitted by the Deed of Trust.

14. Risk of loss will pass at the time of sale. All risks of casualty pass to successful bidder at conclusion of bidding.

15. The rights of parties in possession of such Real Property, if any.

16. The undersigned Substitute Trustee shall have the right to offer such Real Property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustee shall determine, and in such order as the Substitute Trustee shall determine.

17. If the highest bidder at the auction fails to consummate the transaction, the Successor Trustee may offer the Real Property to the next highest bidder, and may proceed to do the same for each next highest bidder until one consummates the transaction, all in the Successor Trustee’s discretion and all without the need for the Successor Trustee to notice and hold a new sale.

Additional terms of sale may be announced prior to the sale.

Any inquiries regarding this sale may be directed to Eric London, Esq., Substitute Trustee, Bowles Rice, LLP, 125 Granville Square, Suite 400, Morgantown, West Virginia 26501, Telephone: (304) 285-2500.
DATED this 28th day of June, 2021.



Eric London,
Esq., Substitute Trustee