010053889 January 8, 15
January 8, 2015
January 15, 2015
NOTICE OF TRUSTEE’S SALE
To: Chad E. Friend
Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by Chad E. Friend, to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 14th day of April, 2004, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book No. 1294, at Page 601, and default having been made in the payment of the indebtedness secured by the aforesaid Deed of Trust, and further, said Lender having executed that certain Appointment of Substitute Trustee appointing and substituting Keith J. Pappas as the Trustee of the aforereferenced Deed of Trust instrument, and that the said Trustee has been formally instructed by said Lender, the owner and holder of the Note evidencing said indebtedness, to advertise and sell the property as hereinafter described, on the terms and provisions as more particularly set forth in said Deed of Trust. Therefore, I, Keith J. Pappas, the undersigned Trustee, will on Thursday, the 22nd day of January, 2015, at 11:00 a.m., offer for public sale to the highest bidder, for cash, at the main entrance of the Monongalia County Courthouse, situate at 243 High Street, Morgantown, West Virginia, the real estate as conveyed by said Deed of Trust and therein described as follows, to wit:
All those certain parcels of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being Union District, Monongalia County, West Virginia, with a known address of 352 Camp Run Road, Morgantown, WV, more particularly bounded and described as follows:
All of the following described parcel of real estate, situate, lying and being in Union District, Monongalia County, West Virginia, in the vicinity of the Pennsylvania and West Virginia State Line, and being more particularly bounded and described as follows, to-wit:
FIRST PARCEL: BEGINNING at a point in the County road, corner to lands of James Murray; thence along the said road and with the Murray line, S. 21° 33′ E. 223 feet to a point in said road, corner to lands of J. F. Youse; thence along the said road and with a line of said Youse, S. 18° 24′ E. 300 feet to a point in said road; thence S. 9° 30′ E. 162 feet to a point in said road, corner to J. W. Casteel; thence along said road, S. 1° 05′ W. 205.96 feet to a point in said road; thence leaving said road but still with a line of J. W. Casteel, S. 88° 55′ W. 183 feet to a point; corner to lands of J. W. Lincoln; thence following the Lincoln line the following calls: N. 17° 42′ E. 140 feet to a walnut; N. 10° 02′ E. 57.2 feet to a post; N. 7° 03′ W. 152.5 feet to a post; thence N. 15° 51′ W. 263 feet to a sugar; S. 60° 12′ W. 112.1 feet to a post; N. 22° 06′ W. 68.7 feet to a sugar; N. 82° W. 38 feet to a walnut; N. 43° 03′ W. 25.2 feet to a walnut; N. 80° 53′ W. 57.1 feet to a post, corner to lands of Lincoln and Dille; thence following the Dille line, N. 2° 18′ W. 480 feet to the Pennsylvania State Line; thence following said State Line, E. 270 feet to a point in said road; thence with said road, S. 6 35′ W. 13.5 feet to a point still in said road; thence E. 1792.28 feet to a point; thence S. 1° 32′ W. 580 feet to a post; corner to lands of Davidson Coal Co.; thence S. 89° 29′ W. 907.69 feet to a post, corner to Davidson and Youse; thence with Youse Line, N. 8° 31′ E. 263.76 feet to a post, corner to lands of James Murray; thence with Murray line, N. 26° 29′ W. 222.18 feet to a post and S. 77° 08′ W. 327.27 feet to a post; thence N. 80° 05′ W. 476.48 feet to the place of BEGINNING, containing 20.65 acres, more or less.
Also there is conveyed and appurtenant thereto a right-of-way for ingress and egress to and from the above tract over a strip of land 135 feet in width, extending along the West Virginia Pennsylvania State line from the county road in an easterly direction to the line of tract above described as S. 1° 32′ West in the hereafter mentioned deed.
SECOND PARCEL: BEGINNING at a point in the center of the public road leading from Stewartstown, West Virginia to Point Marion, Pennsylvania, at the northern side of a tract of land, now or formerly belonging to J. W. Casteel, and running thence in an easterly direction by a broken line with said Casteel line 802.8 feet to a fence post, corner to other lands of Violet Shipp; thence in a northerly direction 220 feet to a post, corner to a parcel of land belonging to Violet Shipp; thence in a westerly direction by a broken line with the Shipp land, 802.8 feet to a point in the center of said public road; thence in a southerly direction with the center of said public road, 220 feet to the point of BEGINNING, containing 4.04 acres, more or less.
The above two parcels are subject to any mineral reservations or rights of way which may appear in the chain of title from any previous owner.
A one-half (1/2) interest in the above two parcels of real estate was conveyed to Charles C. Wood, by his sister, Lorain Elliott and Roy Elliott, her husband, by deed dated the 28th day of October, 1959, and recorded in the Office of the Clerk of the County Court of Monongalia County, West Virginia, in Deed Book No. 580 at Page No. 16. The said Lorain Elliott and Charles C. Wood, were the only two children of Violet Shipp, who died intestate on February 21, 1945, and was the owner of the herein described real estate.
THIRD PARCEL: BEGINNING on a stone on the line of C. B. Dille, thence S. 73° E. 100 feet to a stone near the run; thence S. 30° 80 feet to a bar post; thence S. 16° E. 100 feet to a post below old road; thence S. 13° E. 100 feet to a stake; thence S. 25° W. 165 feet to a stone; S. 81° W. 106 feet 7 inches to a stone on said Dille line; N. 15° W. 456 feet to the place of BEGINNING, containing one (1) acre and 2726 square feet, together with the right-of-way to and from said tract of land to the nearest point on the public road.
FOURTH PARCEL: BEGINNING at an iron pin on line of George W. Ross and J. W. Lincoln, thence to sugar tree 100 feet thence south to John Castell line 528 feet; thence from John Casteel line 500 feet to Clarance Dille line; thence north about 200 feet to the comer of J. W. Lincoln on Dille line.
AND BEING the same real estate conveyed to CHARLOTTE A. FRIEND, former wife of Charles S. Friend, by deed from CHARLES S. FRIEND, former husband of Charlotte A. Friend, by Deed bearing date the 18th Day of February, 1993 of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 1061 at Page 473, then conveyed from Charlotte A. Wertz, formerly known as Charlotte Friend to Charlotte A. Wertz and Michael L. Wertz, husband and wife, by deed dated the 4th Day of August, 1999 of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 1185 at Page 639.
This conveyance is made subject to all exceptions and reservations contained in all prior deeds of conveyance pertaining to the above described real estate.
There is EXCEPTED AND RESERVED that certain 4.003 acre parcel as described as follows:
A 4.003 acre parcel located along Monongalia County Route 63, approximately 135 feet south of the Pennsylvania State Line, in Union District, Monongalia County, West Virginia more particularly bounded and described as follows:
Beginning at an iron pin in the eastern right-of-way line of Monongalia County Route 63, said iron pin being a common corner with O’Dell, thence with a line along O’Dell Due East 935.00 feet to an iron pin, said iron pin being a corner with O’Dell, thence with four lines across Friend property (as described in deed book 1061 page 473) Due South 200.00 feet to an iron pin, thence Due West 585.00 feet to an iron pin, thence N 47° 16′ 23" W 103.18 feet to an iron pin, thence S 68° 10′ 09" W 235.63 feet to an iron pin in the eastern right-of-way line of Monongalia County Route 63, thence with two lines along the right-of-way of Monongalia County Route 63 N 20° 26′ 11" W 67.56 feet to an iron pin, thence N 11° 40′ 30" W 157.57 feet to an iron pin, the place of beginning, containing 4.003 acres.
Being the same parcel of real estate conveyed to Chad Friend from Charlotte A. Wertz and Michael L. Wertz, by deed dated the 18th day of August, 2000, of record in said Clerk’s office in Deed Book 1202, at Page 633.
THIS SALE is made subject to any prior liens, assessments or mortgages, persons in possession and the rights of any tenants therein and said property is being sold "as is," and "where as," without any representation or warranty, express or implied, as to the condition of the improvements, the availability of utilities, whether latent or patent defects may exist therein or thereon, the existence of any defect respecting the quality or marketability of the title thereof, matters which would be revealed by an accurate survey or visual inspection of the premises, the improvements thereon and its boundaries.
TERMS OF SALE: Said real estate will be sold for cash in hand on the day of the sale or other terms as may be acceptable to Lender on said day and date. All persons intending to be present at said time and place of sale, and intending to bid, must register with Trustee, showing a valid proof of identity and letter of credit from source of funds or bank in amounts equivalent to any proposed bid, plus costs. All bids may be freely assigned to qualified parties or entities, subject to Lender’s consent. Purchaser shall pay all transfer tax stamps, property taxes, advertising, recording costs, deed preparation and closing costs incurred pursuant to said bid, purchase and transfer. The undersigned Trustee reserves the right to continue said sale from time to time and to reject any and all bids or offers at any time.
DATED this 23rd day of December, 2014.
Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514