010118180 August 10, 17
NOTICE OF TRUSTEE’ S SALE
To: James E. Landsperger, Jr.
Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by James E. Landsperger, Jr., to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 18th day of February, 2004, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book No. 1278, at Page 338, 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 24th day of August, 2017, 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 that certain lot or parcel of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Cass District, Monongalia County, West Virginia, with a known address of 294 Wilkins Mine Road, Maidsville, West Virginia, more particularly bounded and described as follows:
BEGINNING at a 5/8 inch iron pin, being a common corner to the lands of Dupont Energy, the point of beginning; thence with two lines of Dupont Energy, S. 73° 15′ 8” E. a total distance of 748.65 feet (passing through a 5/8 inch iron pin set on-line at a distance of 380.88 feet) to a 5/8 inch iron pin (set), being a common corner to the lands of Dupont Energy; thence N. 82° 01′ 52" E. a distance of 351.18 feet to a point, standing in a line of Dupont Energy and an original line of James E. Landsperger and being a new division corner to the lands of Landsperger; thence with a new division line through the lands of Landsperger, S. 28° 53′ 51” E. a distance of 215.53 feet to a point, standing in the original line of Landsperger and being a new division corner to the lands of Landsperger and standing in the southern limits of the right-of-way for W.V. Secondary Route 58; thence with the limits of said Route, S. 68° 39′ 31" W. a distance of 163.44 feet to a 5/8 inch iron pin, standing in the southern limits of W.V. Secondary Route 58 and being a common corner to the lands of Debra Crites; thence with three lines of Crites and the limits of said Route, S. 78° 14′ 31" W. a distance of 142.11 feet to a 5/8 inch iron pin, being a common corner to Crites; thence N. 82° 18′ 29" W. a distance of 234.53 feet to a R/R spike, being a common corner to Crites; thence N. 72° 24′ 00" W. a distance of 312.41 feet to a 5/8 inch iron pin, standing in the southern limits of W.V. Secondary Route 58 and being a common corner to Crites and the land of James Smyth; thence with two lines of Smyth, S. 84° 18′ 40" W. a distance of 354.19 feet to an iron pin, being a common corner to Smyth; thence S. 63° 03′ 40” W. a distance of 293.58 feet to a 5/8 inch iron pin, standing in a line of Smyth and being a common corner to the lands of Wilbert Jovosky; thence with a line of Javosky, N. 32° 16′ 08" W. a distance of 269.81 feet to a 5/8 inch iron pin, standing in a line of Javosky and being a common corner to Dupont Energy; thence with a line of Dupont Energy, N. 57° 50′ 52" E. a distance of 485.38 feet to the point of beginning, and containing 7.817 acres as shown on a plat prepared April 15, 1996 by Blue Mountain Engineering and recorded in Deed Book 1139, at Page 120.
There is EXCEPTED and RESERVED a certain 1.01 acre parcel, said parcel having been conveyed by James E. Landsperger Jr., to William R. and Wilma J. Reeder by deed dated the 19th day of August, 1991, and recorded in the aforesaid Clerk’s office in Deed Book 1034, at Page 185.
Being a part of the same lands conveyed to James E. Landsperger and Helen G. Landsperger by deed dated the 21st day of January, 1967, of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 657, at Page 385. The said James E. Landsperger departed this life on the 26th day of September, 1986 and by virtue of the survivorship provisions set forth in the aforereferenced deed, the whole moiety of his interest then became vested solely in the survivor, Helen G. Landsperger. The said Helen G. Landsperger died testate on the 21st day of February, 1988, and pursuant to the terms of her Last Will and Testament, dated the 1st day of June, 1973, recorded on the 7th day of March, 1988, in the aforesaid Clerk’ s office in Will Book 66, at Page 415, she devised the subject real estate unto her son, James E. Landsperger, Jr.
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 28th day of July, 2017.
Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514