Monongalia

NOTICE

010078756 December 4, 11

Notice of Trustees’ Sale

Notice is hereby given that under, in accordance with, pursuant to, and by virtue of the purchase money deed of trust dated December 4, 2002, made by and between Jeremy Blosser and Valerie Blosser, as grantors, and Stephen K. Shuman and Robert Louis Shuman, as trustees, securing Mark A. McDonald and Patricia J. McDonald ("Secured Parties"), of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia ("Clerk’s Office"), in Trust Deed Book No. 1156, at Page 238 ("Deed of Trust"), Stephen K. Shuman and Robert Louis Shuman, in their capacities as trustees under the Deed of Trust ("Trustees"), will on Friday, December 18, 2015, at 9:00 a.m., offer for public sale at the front door of the courthouse in Morgantown, Monongalia County, West Virginia, located at 243 High Street, Morgantown, Monongalia County, West Virginia, that certain lot, parcel, and/or tract, together with the buildings, structures, fixtures, and other improvements thereon and the appurtenances thereto, located and situate in Morgan District, Monongalia County, West Virginia, described as follows:

Beginning at a point in a driveway leading to Brooks McDonald et al., and being the southeast corner of a parcel of land owned by Harry Dalton (a locust post is set 5 feet north of said beginning corner), thence, N. 22° W. 120.80 feet to an iron rod, thence N. 64°15′ E. 493.75 feet to an iron rod set in the east line of Gay W. Dalton’s, thence, S. 38°30′ E. 82 feet to a point in the above mentioned driveway, thence with three lines of said drive, S. 49°30′ W. 113.5 feet, thence S. 57° W. 67 feet, thence S. 63°55′ W. 344 feet to the beginning, containing 1.314 acres, more or less, as shown and illustrated on a plat of survey prepared by Paul W. Guseman, LLS No. 185, dated May 19, 1977, of record in the Clerk’s Office in Deed Book No. 791, at Page 486.

Such property shall be offered for sale, sold, granted, conveyed, transferred, and disposed of by Trustees without warranty, representation, recourse, or affirmation, express, implied, or otherwise, of any kind, nature, manner, or character, "as is," "where is," with all defects and faults, and with no covenants of warranty as to title, including, without limitation, without warranties, representations, or affirmations relating to the existence or absence of any defect or adverse condition, the value of such property, the compliance of such property with any applicable conditions, covenants, restrictions, or other legal requirements, title, possession, quiet enjoyment, quality, merchantability, condition, fitness, or design for a particular use or purpose, or the like, with the intent on the part of Trustees to disclaim and negate any and all warranties arising under the Uniform Commercial Code of West Virginia, including, without limitation, West Virginia Code Sections 46-2-312(1), 46-2-314, 46-2-315, and 46-9-610(d).

Such property shall be offered for sale, sold, granted, conveyed, transferred, and disposed of by Trustees subject to and encumbered by (a) any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances, liens, and other encumbrances as have been created with respect to and/or imposed upon such property of record by Jeremy Blosser and Valerie Blosser and their predecessors in title prior to the recording of the Deed of Trust in the Clerk’s Office on December 20, 2002, except to the extent that any of the same have been released, cancelled, and/or terminated and/or subordinated in priority to the Deed of Trust, (b) any and all matters which a visual inspection of such property might reveal and any state of facts which could be ascertained by making an inquiry of parties in possession of such property, if any, (c) any discrepancies, conflicts in boundary lines, shortage in area, encroachments, or other matters or state of facts which an accurate survey of such property might reveal, (d) the rights of parties in possession of such property, if any, (e) the statutory liens securing the real property taxes with respect to such property for tax years 2013, 2014, and 2015, and (f) the statutory lien securing the real property taxes with respect to such property for tax year 2016, although not due and payable.

Trustees shall have the right to postpone, continue, and/or adjourn the public offer for sale of such property by public announcement at the time and place designated for such public offer for sale and/or the posting of notice at the courthouse prior thereto or at any further postponement, continuance, or adjournment thereof and/or the posting of notice at the courthouse prior thereto.

The successful purchaser(s), if any, shall be required to pay to Trustees, (a) Five Thousand Dollars ($5,000.00) in cash or certified funds immediately following the conclusion of the public offer for sale of such property and (b) the balance and remainder of the successful purchase price in cash or certified funds within thirty (30) calendar days of the conclusion of the public offer for sale of such property.

The successful purchaser(s), if any, shall be required to execute and deliver a memorandum of sale and purchase at trustees’ sale with Trustees immediately following the conclusion of the public offer for sale of such property, a proforma version of which shall be available for review and inspection prior to the public offer for sale of such property.

The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by Trustees.

Trustees shall have the right to reject any bid or bids which Trustees, in their sole and absolute discretion, deem inadequate.

Inquiries to Trustees or Secured Parties should be directed to:

Robert Louis Shuman
Reeder & Shuman
256 High Street
Post Office Box 842
Morgantown, West Virginia 26507-0842
304-292-8488

Dated: November 17, 2015

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Stephen K. Shuman, in his capacity as trustee

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Robert Louis Shuman, in his capacity as trustee

15-0243: Notice of Trustees’ Sale