Monongalia

NOTICE

010054219 January 9, 16
SUBSTITUTE TRUSTEE’S SALE OF VALUABLE REAL ESTATE

The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated January 29, 2007, and duly recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 1529 at page 654, Robet Woody and Karri Woody, husband and wife, did convey unto William T. Holmes, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Gregory A. Tucker, P.L.L.C. as Substitute Trustee by a Substitution of Trustee dated December 8, 2014, and recorded in the aforesaid clerk’s office in Trust Deed Book 2035 at page 282; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Monongalia County Courthouse in Morgantown, West Virginia, on

WEDNESDAY, FEBRUARY 4, 2015 at 10:30 A.M.

the following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in Jane Addition, Grant District, Monongalia County, West Virginia, being more particularly described as follows:

FIRST PARCEL: Beginning at a 3/8 inch deformed rod located in the Southern R/W line of Lockview Avenue 40 Foot in width at the Northern corner of Lots No. 3 and 4 of the Jane Addition which this transaction is a part thereof; thence leaving said beginning point and with the Southern R/W line of said Lockview Avenue and the Northern line of said Lot No. 3, N 58?-38′-00" E 185.55 feet to a 3/8 inch deformed rod located in the R/W line junction of said Lockview Avenue and Jackson Street 40 Feet in width; thence with the Southern R/W line of said Jackson Street S 85?-17′-00" E 10.00 feet to a 3/8 inch deformed rod located at the Northern corner of aforesaid Lot No. 3 and Lot No. 2 at the Northeastern end of an old existing Roadway as recorded in Deed Book Volume No. 360, at Page No. 71; thence leaving said R/W line of said Jackson Street and somewhat with the center line of said old existing Roadway through aforesaid Lot No. 3 S 29?-21′-38" W 221.98 feet to point at the Southern corner of aforesaid Lot No. 3 and 4; thence leaving said old Roadway and with the dividing line between aforesaid Lot’s No. 3 and 4 N 31?-22′-00" W 114.43 feet to the point and place of beginning containing 0.267 acres and being that Northern part of Lot No. 3 of the Jane Addition.

SECOND PARCEL: Beginning at the junction corner of Lot’s No. 3, 4 and 5 of the Jane Addition; thence leaving said beginning point and through said Lot No. 4 N 31?-44′-28" W 95.45 feet to a point in the Southern line of other property of the Grantor herein that contains 0.128 acres the THIRD PARCEL herewith; thence with an outline of said other property of the Grantor herein that contains 0.128 acres two calls, N 58?-38’00" E 79.68 feet and N 31?-22′-00" W 80.00 feet to a 3/8 inch deformed rod located in the Southern R/W line of Lockview Avenue 40 Foot in width at the Northeastern corner of said other property of said Grantor herein that contains 0.128 acres; thence with the Southern R/W line of said Lockview Avenue N 58?-38’00" E 30.00 feet to a 3/8 inch deformed rod located at the Northern corner of aforesaid Lot No. 3 and 4 and the Northwestern corner of the FIRST PARCEL herewith; thence leaving said Southern R/W line of said Lockview Avenue and with the dividing line between said Lot’s No. 3 and 4 two calls, S 31?-22′-00" E 114.43 feet to a point near the center of an old existing Roadway being the Southwestern corner of the FIRST PARCEL herewith and S 29?-24′-l4" W 124.97 feet to the point and place of beginning containing 0.218 acres and being that somewhat Southeastern portion of Lot No. 4 of the Jane Addition.

THIRD PARCEL: Beginning at a 3/8 inch deformed rod located in the Southern R/W line of Lockview Avenue 40 Foot in width said beginning point also being located S 58?-38′-00" W 30.00 feet from the Northern corner of Lot No. 3 and 4 of the Jane Addition and being the Northwestern corner of the SECOND PARCEL herewith; thence leaving said beginning point and with an outline of said SECOND PARCEL herewith two calls, S 31?-22′-00" E 80.00 feet to a point and S 58?-38′-00" W 79.68 feet to a point in line of other property of the Grantor herein; thence with an outline of said other property of the Grantor herein three calls, N 31?-44′-28" W 49.27 feet to a 3/8 inch deformed rod located at the Western corner of a concrete block wall, N 47?-19′-26" E 29.24 feet to a point at the face of said concrete wall and N 31?-22′-00" W. 25.00 feet to a 3/8 inch deformed rod located in aforesaid Southern R/W line of aforesaid Lockview Avenue; thence with the aforesaid Southern R/W line of aforesaid Lockview Avenue and the Northern Line of said other property of the Grantor herein N 58?38′-00" E 51.33 feet to the point and place of beginning containing 0.128 acres and being that Eastern portion of other property of the Grantor herein as recorded in Deed Book Volume No. 615, at Page No. 593. Said description is based upon that certain plat entitled "Jane Addition", Grant District, Monongalia County, West Virginia, dated October 17, 2006, and prepared by H & J Surveying & Associates, Inc.

At the time of the execution of the Deed of Trust, this property was reported to have an address of 5 Lockview Avenue, Westover, WV 26501.
AND BEING the same real estate which was conveyed to Robert Woody and Karri Woody, husband and wife, by deed of Harold Groves, as Conservator for Edna J. Billotti, a Protected Person, dated January 10, 2007, of recorded in the aforesaid clerk’s office in Deed Book 1334, at page 64.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid clerk’s office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed).
The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: 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.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.

Dated the 5th day of January, 2015.

GREGORY A. TUCKER, P.L.L.C.
Substitute Trustee

By: GREGORY A. TUCKER, Member
719 Main Street
Summersville, West Virginia 26651
(304) 872-2500