010078025 November 17, 24
Pursuant to the authority vested in the undersigned by deed of trust dated the 29th day of December 2007, signed by Richard Forquer, by Diane Forquer, his/her attorney in fact, whoch power of attorney is being recorded simultaneously and Diane Forquer, husband and wife, to Douglas McElwee, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 1612, at page 237, and R. Vance Golden, III, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 10:15 o’clock A.M. on the
1st day of DECEMBER 2015
at the front doors of the Courthouse in Monongalia County in Morgantown, West Virginia the following described real estate:
The land referred to herein below is situated in the County of Monongalia, State of West Virginia, and is described as follows: Beginning at a stake on the Northern edge of the Blacktop Road leading from Dunkard Beach to Mount Morris in the line of land of Ona Lemley, and a corner to a tract conveyed by M. Myrtle Fetty to Audrey G. Fetty; thence following said road and with the line of Audrey G. Fetty, S. 60 degrees 15′ E. 579 feet to a point on the Northern side of the road in the line of fence, and being a corner to Audrey C. Fetty; thence with other lands of M. Myrtle Fetty, S. 43 degrees 45′ W. 742.4 feet to a stake in the line of an old fence; thence with the line now or formerly or G.W. Fyles heirs, N. 41 degrees W. 62 ½ feet to a post; N. 43 degrees W. 124.5 feet to a point by a fence; thence with the line of the old fence, N. 49 degrees W. 377 feet to a post at the intersection of fences and corner of Ona Lemley; thence N. 43 degrees 45′ E. 608.8 feet to the place of beginning, containing 8.621 acres, as conveyed by G.G. Lemley on June 29, 1964; and being all of the same real estate conveyed to the grantors herein by Leroy Earl tenant and wife by their deed dated November 27, 1968, and of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 628, at page 112.
There is Excepted and Reserved from the afore described conveyance those two (2) separate certain parcels consisting of 2.884 acres, more or less and .10 acres heretofore conveyed by the grantors herein to James K. Haas and Betty J. Haas, husband and wife, the Deed for said 2.884 acre parcel being dated September 10, 1971, and being of record in the aforesaid County Clerk’s Office in Deed Book 716, at page 226, and the Deed for the .10 acre parcel bearing even dated with this deed and not yet of record.
There is further Excepted and Reserved from the operation of this conveyance all the Pittsburgh and Sewickley Coal, together with all the mining rights appurtenant thereto, as heretofore set forth in prior deeds; and there is likewise Excepted and Reserved all of the oil and gas, together with the right to drill and operate therefore, as said drilling rights are set forth in prior deeds.
This conveyance is further subject to the Reservation and Exception of the location of a water cistern on said tract, which said cistern is connected to a spring and is supplied with water by said spring, together with the right to repaid, replace and maintain said cistern and the water lines con ted therewith, and the right to use the water from said spring and from said cistern as the same was being used and is now being used by Audrey C. Fetty, his heirs or assigns; and there is also further Reserved and Excepted from the operation of this conveyance that certain garage now used by Audrey C. Fetty, which garage is or was near his residence upon the original tract of 8.621 acres, and together with said garage, there is Reserved and Excepted a parcel of land fronting on the highway and ten fee of ground on either side of said garage and in the rear thereof.
Also see Deed Book 1310 at Page 47, for an Outconveyance of 1.926Acres with plat.
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.
The above described real estate is reported to have a mailing address of:
500 Buckeye Rd., Core, West Virginia 06541
TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
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.
The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. 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.
Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below.
R. Vance Golden, III, TRUSTEE
543 Fifth Street, P.O. Box 81
Parkersburg, WV 26102
Telephone (304) 485 3851
Fax (304) 485-0261
E-mail: [email protected]
Lender: Ditech
Processor: Victor / Ext 12
ForquerRichard NTS / cclem / foreclosure notices – 2015