Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to of the authority vested by that certain Deed of Trust dated July 19, 2018, executed by Roberta K. Smith to J. R. Wilson, Trustee, of record in the Office of the Clerk of the County Commission of Putnam County, West Virginia in Trust Deed Book 1193, page 868, and the undersigned, Eric S. Embree was appointed as Trustee by Appointment of Successor of Trustee dated February 7, 2020, of record in the Clerk’s Office in Trust Deed Book 1235, page 264. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Putnam County, West Virginia, on: Friday, August 21, 2020 @ 11:15 AM. All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Buffalo District, Putnam County, West Virginia and being more particularly bounded and described as follows: BEGINNING at stake on an east hillside, corner to land of Robert Sisson; thence N. 50 W., 140 poles to a stake on a northeast hillside near the corner of the land of Widow Barnett; thence S. 44 W., 97 poles to a stake in the mouth of a hollow by Fourth Camp Branch of Ohio 18 Mile Creek; thence S. 50 E., 140 poles to a stake on a west hillside with white oak, black oak and chestnut oak pointers; thence N. 44 E., 97 poles to the beginning, containing 75 acres, less about one half acre sold to the Board of Education of Buffalo District to a school house lot. EXCEPTING and RESERVING all that certain subdivided piece or parcel of land identified by a P/O Tax Map 140, Parcel 2, Lands of William R. Stanley, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Fourth Camp Branch of Ohio 18 Mile Creek, about three miles east of Hannon High School on Route 22, Putnam County, West Virginia, Buffalo District, and being more particularly bounded and described as follows: BEGINNING on center of Route 22, witnessed by a U.S.C. & G.B.M, witness on east side of road, in side of rock; thence S. 50 W., 127 feet with center of road; thence S. 68 1/2 W., 196 feet leaving said road to a 40″ B.O. with old fence line; thence S. 68 E., feet W., 589.7 feet with old fence line to a set I.P. on original outside line; thence N. 44 39′ W., 902 feet with a south original outside line to center of Route 22, witness 66 feet N.W. to original stone corner in creek; thence N. 80 E., 115 feet with center of Route 22; thence N. 68 1/2 E., 200 feet with center of Route 22; thence N. 66 E., 200 feet with center of Route 22; thence N. 57 E., 197 feet with center of Route 22; thence S. 61 E., 74 feet with center of Route 22; thence N. 86 1/2 E., 100 feet with center of Route 22; thence N. 70 E., 193 feet with center of Route 22; thence N. 85 E., 93 feet with center of Route 22; thence S. 48 1/4 E., 300 feet with center of Route 22, to center of Sisson Drive; S. 56 E., 205 feet with center of Route 22, passing drive to S.W.; thence S. 37 1/2 E., 114 feet with center of Route 22; thence S. 13 W., 99 feet with center of Route 22; thence S. 35 1/2 W., 114 feet with center of Route 22, to the beginning, containing 19.17 acres, net, more or less, as surveyed by Dallas Lovejoy, LLS 193, Milton, WV, and shown on a map entitled, “Property Subdivision of William R. Stanley for Darrell Brightwell”, dated April 10, 1988. Also EXCEPTING and RESERVING, that certain parcel containing one acre, more or less, together with a right of way and easement, forty feet in width for purposes of ingress and egress, as shown upon that certain map entitled, “Property Survey for Roberta Smith Being a 1.0 Acre Tract Severed From a 55.83 Acre Tract Buffalo District, Putnam County”, dated February 21, 2004, prepared by Sanford B. Cunningham, RPS 1954, a copy of which is attached to that certain deed dated June 10, 2005, recorded in the Office of the Clerk of the County Commission of Putnam County, West Virginia in Deed Book 457, page 343. Being a part of the same real estate conveyed unto Roberta Smith by Bank One West Virginia, N.A., n/k/a Bank One., N.A., by deed dated January 20, 2004, recorded in the aforesaid Clerk’ Office in Deed Book 443, page 730. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. TERMS OF SALE: 1) The property will be conveyed in an “AS IS” physical condition by deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 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 one hundred twenty (120) days from the date of such sale or the period allowable for redemption under the local law, whichever is longer. Any buyer is advised to retain counsel before the sale. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve to submit a bid for the property at sale. 4) The Trustee reserves the right to continue the sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sale discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and 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. 6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. If the purchaser at the sale is unable to complete the terms of purchase within thirty (30) days, the Trustee reserves the right to transfer the property to the next highest bidder. 7) Should any party have any inquires, objections the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. 8) The part(ies) secured by the Deed of Trust reserve the right to purchase the property as such sale. Given under my hand this 22nd day of July, 2020. ERIC S. EMBREE, Esq. Tyree, Embree & Associates, PLLC 3564 Teays Valley Road Hurricane, West Virginia 25526 T: (304) 757-0021 Email: eric@tyreeembree. com Successor Trustee LH-95690 7-23,30;2020