010079297 November 28; December 5
NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned Philip C. Petty, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Monongalia West Virginia, and by Deed of Trust dated July 20, 2007, executed by James Ellenbogen to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Monongalia County, West Virginia, in Trust Deed Book 1572 at Page 538, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 7, 2016 at 10:00 a.m. to the highest bidder at the front door of the Courthouse of said County of Monongalia, in Morgantown, West Virginia, which real estate is more completely described as follows:
Parcel 26, Map 11F, Morgan District, Monongalia County, West Virginia
Made for Jay Ellenbogen
A certain tract of land situated approximately 141 feet from the junction of WV State Route 75 and West Virginia Secondary Route 7/22, along the waters of Tibbs Run, and being located in Morgan District, Monongalia County, West Virginia, more particularly described as follows:
Beginning at a Railroad spike set in West Virginia Secondary Route 7/22, a corner of Galusky and of McDonald; thence with McDonald for a part of one line and with Zeigler and Szonyl for the remainder of said line
S 44° 49′ 40" W 144.69 feet to a set 5/8-inch rebar with a cap, a corner to Szonyl and of Jamison and Harriman; thence with Jamison and Harriman
N 66° 46′ 40" W at 13.98 feet passing a found 1/2-inch pipe; in all 136.43 feet to a 4-inch concrete marker with a chiseled X on it found in a line of Jamison and Harriman and a corner of St. Clair; thence with St. Clair for a part of one line and with Bigler for the remainder of said line
N 27° 46′ 50" E at 233.66 feet passing a found 3/8-inch rebar, in all 309.20 feet to a 5/8-inch rebar with a cap set in Tibbs Run, a corner of Bigler and of Galusky; thence with Galusky
S 20° 20′ 00" E 239.67 feet to the beginning, containing 0.84 acres, more or less, as surveyed by David L. Jackson, PS No. 708, of Clarksburg, West Virginia, and as shown on the plat of survey attached hereto and made a part of this description.
Right of Way
There is a right of way of unspecified width that is called for by D. B. 440/458 for access, egress and regress from West Virginia Secondary Route No. 7/22 through the tract being surveyed to the Jamison and Harriman tract which is presently located along a gravel drive, the centerline of which is more particularly described as follows:
Beginning at a point in the center of gravel drive in a line of Jamison and Harriman, from which a found 1/2-inch pipe bears S 66° 46′ 40" E 21.23 feet; thence with the centerline of said right of way along the centerline of a gravel road through the tract being surveyed for four lines;
N 36° 23′ 23" E 64.14 feet; thence
N 36° 54′ 45" E 27.68 feet; thence
N 34° 47′ 11" E 30.05 feet; thence
N 36° 03′ 29" E 17.32 feet to a point in the centerline of said gravel driveway in the southerly right of way line of said Route No. 7/22, from which a set R.R. spike, a corner of Galusky and of McDonald bears S 65° 28′ 41" E 50.47 feet
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in "AS IS" condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 23rd day of November, 2015.
Philip C. Petty, Substitute Trustee