NOTICE OF SUBSTITUTE
TRUSTEES’ FORECLOSURE SALE OF VALUABLE
REAL ESTATE
Property Address: 4058 Cliff Haven Trail, Camp Creek, WV 25820
Property Description: 119.15 Ac March Fk, Rock District, Mercer County, West Virginia (Tax Map 5 Parcel 8)
Upon notification by the holder of a Note secured by a Deed of Trust described below of a default and having been requested to institute these proceedings, and by virtue of the authority vested in us under that certain Deed of Trust dated the 30th day of September, 2019, executed by Douglas G. Eckhart and Robin L. Eckhart unto Jeffrey D. Noble, as Trustee, which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1379, at Page 212, which said Deed of Trust secured First Community Bank. By Substitution of Trustees dated March 18, 2022, Phillip B. Ball and Gregory K. Ball were substituted as trustees for the said Jeffrey D. Noble, which is of record in said clerks office in Book 1436, at Page 224 we will
ON THE 3RD DAY OF MAY, 2022, AT 10:00 O’CLOCK A.M., at the front door of the Mercer County Court House (being the North Walker Street side), at Princeton, Mercer County, West Virginia, offer for sale at public auction to the highest bidder, the following residential property, to-wit:
The surface of Tract 14 of Grantor’s Marsh Fork Property located in Rock District, Mercer County, West Virginia, as shown and depicted on that certain map entitled “Map Showing Tract 14 of the Marsh Fork Property, A Hunting & Recreational Development,” dated September 28, 2007, prepared by Jeffery J. Chambers, PS, and attached hereto as Exhibit 1 (the “Chambers Map”) and also more particulartly described as follows:
Tract 14, containing 119.15 acres:
All that tract of land situate in Rock District of Mercer County, West Virginia and being more particularly described as follows:
Beginning at a point set, a 5/8″ rebar on a line of the State of West Virginia Conservation Commission and Tract 13 of the Marsh Fork Property; thence leave said Conservation Commission and with said Tract 13, following the centerline of a small creek S. 11-54′ W., 144.76 feet to a point; thence S. 24-26′ W., 224.02 feet; thence S. 36-55′ W., 155.70 feet; thence S. 54-50′ W., 75.91 feet to “X” chiseled on a rock in said creek; thence leave said creek S. 65-05′ W., 63.96 feet to point set, a 5/8″ rebar; thence S. 21-52′ W., 199.88 feet to a point set, a 5/8″ rebar; thence S. 45-10′ W., 252.25 feet to a point set, a 5/8″ rebar; thence S. 45-55′ W., 438.33 feet to a point set, a 5/8″ rebar; thence S. 30-52′ W., 85.71 feet to a point set, a 5/8″ rebar; thence S. 40-43′ W., 270.87 feet to a point set, a 5/8″ rebar; thence S. 42-47′ W., 80.06 feet to a point set, a 5/8″ rebar; thence S. 12-14′ W., 345.33 feet to a point set, a 5/8″ rebar; thence S. 26-22′ W., 442.17 feet to a point set, a 5/8″ rebar; thence S. 39-48′ W., 291.49 feet to a point in the centerline of Road; thence leave said Tract 13 and with said centerline the following several courses and distances: N. 43-27′ W., 44.54 feet; thence N. 61-08′ W., 50.83 feet; thence N. 81-36′ W., 63.50 feet; thence S 74-25′ W., 52.77 feet; thence S. 48-25′ W. 73.91 feet; thence S. 55-54′ W., 65.96 feet; thence S. 64-20′ W., 326.76 feet; thence S. 65-15′ W., 61.25 feet; thence S. 42-05′ W., 59.76 feet; thence S. 24-08′ W., 149.87 feet; thence S. 70-29′ W., 56.80 feet; thence N. 73-51′ W., 90.85 feet; thence N. 43-31′ W., 115.60 feet; thence N. 45-53′ W., 47.39 feet; thence S. 85-12′ W., 280.49 feet; thence N. 45-15′ W., 61.23 feet; thence N. 09-44′ E., 74.80; thence N. 51-11′ E., 132.16 feet; thence N. 38-13′ E., 52.51 feet; thence N. 00-12′ W., 46.29 feet; thence N. 47-33′ W., 211.76 feet; thence N. 27-00′ W., 152.20 feet; thence N. 76-29′ W. 138.32 feet; thence N. 57-07′ W., 101.98 feet; thence N. 18-22′ W., 80.97 feet; thence N. 26-04′ E., 93.79 feet; thence N. 53-02′ E., 102.38 feet; thence N. 79-56′ E., 173.29 feet; thence N. 43-58′ E., 86.00 feet; thence N. 07-07′ E., 213.14 feet; thence N. 34-06′ W., 87.50 feet; thence N. 74-22′ W., 236.36 feet; thence N. 58-00’W., 77.21 feet; thence N. 20-50′ W., 107.12 feet; thence N. 05-00’W., 218.86 feet; Thence N. 42-03′ W., 142.24 feet to a point at the intersection of the centerline of Road 1 and the centerline of Road 3 and being the northwesterly corner of Tract 14. Thence leave said Road 1 and with the centerline of Road 3 following the northerly boundary of Tract 14 the following several courses and distances: N. 69-35′ E., 221.40 feet to a point set, a 5/8″ rebar; Thence S. 81-06′ E., 104.30 feet to a point set, a 5/8″ rebar; thence N. 75-42′ E., 283.26 feet to a point set, a 5/8″ rebar; thence S. 43-37′ E., 187.89 feet to a point set, a 5/8″ rebar; thence S. 86-38′ E., 133.07 feet to a point set, a 5/8″ rebar; thence S. 77-32′ E., 123.86 feet to a point set, a 5/8″ rebar; thence N. 61-53′ E., 290.98 feet to a point set, a 5/8″ rebar; thence N. 49-07′ E., 531.89 feet to a point set, a 5/8″ rebar; thence N. 56-15′ E., 238.91 feet to a point set, a 5/8″ rebar; thence N. 25-02′ E., 229.37 feet to a set, a 5/8″ rebar; thence N. 52-59′ E., 249.47 feet to a point set, a 5/8″ rebar; thence N. 35-32′ E., 241.31 feet to a point set, a 5/8″ rebar; thence N. 58-44′ E., 277 .38 feet to a point set a 5/811 rebar; thence N. 45-05′ E., 306.82 feet to a point set, a 5/8″ rebar; thence N. 82-06′ E.,199.07 feet to a point set, a 5/811 rebar; thence N. 67-42′ E., 296.27 feet to a point set, a 5/811 rebar; thence N. 48-29′ E., 169.31 feet to a point set, a 5/8″ rebar on a line of said Conservation Commission; thence leave said centerline and with said Commission S. 22-14′ E., 610.26 feet to the place of beginning and containing 119.15 acres of land more or less as surveyed by Jeffeiy J. Chambers, PS, in September of 2007.
The property hereby conveyed is a part of the residue of two tracts which comprise Grantor’s Marsh Fork Property, described as 3,288.71 acres and 741 acres and conveyed to Grantor by Pardee Resources Group, Inc., in a deed dated September 7, 2001, and of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 846, page 450.
The property hereby conveyed is also depicted on a map attached to the Fifth Supplement to Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development, dated November 19,2007, and recorded in said Clerk’s office in Deed Book 918, page 483, as Exhibit 1 . Said map is entitled “Map Showing Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 & 14 of the Marsh Fork Property, A Hunting and Recreational Development,” dated June 15,2006, and revised August 15, 2007 and was prepared hy Walter L. Stroud,(the “Stroud Map”). To the extent of any discrep~cy in the description of the property conveyed hereby, or of any road, between the Stroud Map, or any prior version thereof recorded as an exhibit to the Protective Covenants (as hereinafter defined). and the Chambers Map attached hereto, the metes and bounds descriptions set out herein and contained in the Chambers Map shall control.
“Surface” as used herein shall mean the “Surface Property” as defined in a Corrective inter Partes Deed and Amendment to Shared Use Agreement, dated April 12, 2007 but effective September 7, 2001, and of record in the Office of the County Commission of Mercer County, West Virginia in Deed Book 909, page 301, and, as provided therein, shall include the surface of the land and the subsoil to such depth as reasonable for foundations for buildings, underground utility lines, septic systems and other similar facilities for domestic use and for agricultural purposes. Grantor hereby further grants the right to drill water wells on Tract 14 to take water for domestic use and
agricultural purposes on Tract 14.
This conveyance is made subject to the following:
1. Protective covenants, restrictions and reservations contained in that certain document entitled “Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development in Mercer County, West Virginia, Developed by Pardee & Curtin Realty LLC,” dated March 27 ,2006, and of record in said Clerk’s office in Deed Book 894, page 749, as supplemented by the “First Supplement to Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development, 11 dated
June 6, 2006, and recorded in said Clerk’s office in Deed Book 897, page 763, the “Second Supplement to Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development.” dated August 4, 2006, and recorded in said Clerk’s office in Deed Book 900, page 609, the 11Third Supplement to Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development,” dated January 8, 2007, and recorded in said Clerk’s office in Deed Book 906, page 144, the “Fourth Supplement to Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development”, dated April 12,2007, and recorded in said Clerk’s office in Deed Book 909, page 306 and the “Fifth Supplement to Protective Covenants and Reservations for the Marsh Fork Property, A Hunting and Recreational Development,” dated November 19,2007, and recorded in said Clerk’s office in Deed Book 918, page 483 (collectively the 11Protective Covenants”).
2. Shared Use Agreement dated September 7, 200 I, between Pardee Resources Group, Inc. and Pardee & Curtin Realty LLC, a memorandum of which is ofrecord in the office of the Clerk of the County Commission of Mercer County in Deed Book 846. page 483, as amended by a Corrective Inter Partes Deed and Amendment to Shared Use Agreement dated April 21, 2007 and recorded in said Clerk’s office in Deed Book 909, page 301.
3. An oil and gas lease made by Hawley Coal Mining Company to J. D. Simmons, Inc., dated June 24, 1981, ofrecord in Oil and Gas Lease Book 14, page 745, as supplemented and amended by an “Amendment to Oil and Gas Lease,” dated December 12, 1991, of record in Oil and Gas Lease Book 17, page 111, made by Ashland Exploration, Inc.
4. All mining and other rights reserved by Pardee Resources Group, Inc., in the above deed between Pardee Resources Group, Inc., and Pardee & Curtin Realty LLC, dated September 7, 2001 of record in said Clerk’s office in Deed Book 846, page 450 and as clarified in the Corrective Inter Partes Deed and Amendment to Shared Use Agreement dated April 12, 2007 and of record in said Clerk’s office in Deed Book 909, page 301. To the extent the ownership of any portion of the land not conveyed hereby has not been previously reserved by Grantor or a predecessor in title, Grantor hereby reserves aiparts of the land not expressly included in the Surface together with all of those rights which have been made appurtenant to the mineral ownership.
5. All easements, reservations, exceptions, liens and encumbrances which were made in any deed conveying the subject property or which are of record in the said Mercer County Clerk’s office or which are visible on the ground, including but not limited to the Nubbins Ridge Road and any other public or other road and the right of way therefor.
6. An easement for Road 1 and Road 3 along and through Tract 14, as provided for in the Protective Covenants and as more particularly described in the Fifth Supplement thereto.
AND BEING the same property which was conveyed unto Douglas G. Eckhart and Robin L. Eckhart, by Deed of J. W. Cowan, dated August 11, 2015, recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book I 022, at Page 542.
The terms of the sale shall be cash in hand on the day of sale (or such other arrangement as may be satisfactory to Trustee and holder of the Note) and said property is being sold in “as is” condition. Said sale is subject to all taxes now due or to become due on said property, all liens, including but not limited to sewer liens and restrictions, easements or other matters of record in said Clerk’s Office affecting the title to said property. The purchaser is to pay the excise tax on the privilege of transferring said real estate.
In the event there arc 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.
Notice is also given that 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.
Dated this the 1st day of April, 2022.
PHILLIP B. BALL,
SUBSTITUTE TRUSTEE
GREGORY K. BALL
SUBSTITUTE TRUSTEE
ID: 593155