010119594 August 31, September 7
NOTICE OF TRUSTEE’ S SALE
To: Tony Lee Britton and
Deirdra J. Britton
Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by Tony Lee Britton and Deirdra J. Britton, to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 24th day of February, 2003, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book No. 1172, at Page 414, 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 14th day of September, 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:
PARCEL ONE
All that certain lot or parcel of real estate, with the improvements thereon, situate, lying and being in the Morgan District, Monongalia County, West Virginia, with a known street address of 43 ROCK FORGE LANE, MORGANTOWN, WEST VIRGINIA, and being more particularly bounded and described as follows, to-wit:
TRACT ONE: Beginning at a hub in the southwestern boundary line of a 15 foot easement, corner to a parcel heretofore sold by Henry Arnold to Herbert P. Emerson; thence with said Emerson lot S. 70° 49’ W. 91.98 feet to a hub in the right of way of the Rock Forge Branch of the Baltimore and Ohio Railroad and in the western boundary line of Lot No. 9, Block B, of the Rock Forge Subdivision thence with said right of way and boundary line in a northwestern direction approximately 62.42 feet to a point, corner to said Lot No. 9, and with a lot designated as “Stone Lot” ; thence with line dividing said Lot No. 9 and said “Stone Lot” N. 79° 73’ E. approximately 92 feet to the southwestern boundary line of said 15 foot easement, and with the same in a southeastern direction to the point or place of beginning, being a part of Lot No. 9, in Block B, as the same was laid down and designated on the plat of the Rock Forge Subdivision, said plat being of record in the Office of the Clerk of the County Court of Monongalia County, West Virginia, in Deed Book 348, at Page 503-A; and together therewith all easements, appurtenances and hereditaments attached to or belonging thereto.
TRACT TWO: All that certain lot or parcel of real estate, situate as aforesaid, and beginning at a hub, in the right-of-way of the Rock Forge branch of the Baltimore and Ohio Railroad, which beginning point is at the common corner of Lots Nos. 9 and 10, in Block B, as the same are laid down, shown and designated on the official sale plat of what is known as and called “Rock Forge Sub-division” , which plat is duly of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 348, at page 503-A; thence with the line of said Lot No. 9, in said Block, as shown on said plat, to a hub in said line in the direction from the point of beginning of N. 30° 08’ W. and a direct distance of 133.85 feet; thence N. 70° 49’ E. a distance of 91.98 feet to a hub in the eastern line of a 15-foot easement; thence with said line of said easement, S. 29° 12’ E. a distance of 113.80 feet to a hub in the line of Lot No. 10, in said Block B; thence with the division line between said Lots Nos. 9 and 10, in said Block, S. 58° 12’ W. a distance of 88.51 feet to the point of beginning, as shown on a certain survey map thereof, made by the Monongahela Valley Engineering Company, dated on July 3, 1946, which plat is attached to and made a part of a certain deed heretofore made by Henry Arnold and wife to Herbert R. Emerson dated on July 18, 1946, and recorded in the aforesaid County Clerk’ s office in Deed Book No. 383, at page 224.
And being the same real estate conveyed to Tony L. Britton from Edith Bolyard, formerly known as Edith Spangler, by Deed dated the 22nd day of August, 1997, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1150, at Page 48.
There is excepted that certain 9,708 square foot parcel of property as conveyed by Edith Bolyard to Richard Lee Willard and Victoria Elizabeth Willard by deed dated June 11, 1982, and of record in the aforesaid County Clerk’ s office in Deed Book 866, at page 643.
There is hereby given and granted to the Grantees all of the right, title and interest of the Grantor to the use of a 15-foot easement or roadway adjoining said property for access to the main road, as shown and set forth on the plat hereinabove referred to.
PARCEL TWO
All that certain parcel of real estate, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate and being in the Second Ward District of the City of Morgantown, Monongalia County, West Virginia, with a known street address of 117 KINGWOOD STREET, MORGANTOWN, WEST VIRGINIA, and being more particularly bounded and described as follows, to-wit:
Beginning in the eastern line of Kingwood Street, which is also the southern line of a twenty-five foot street known as Clark Street, thence with the south side of said Clark Street, in an easterly direction, a distance of 90 feet to a stake, thence in a southerly direction, in a line parallel with the east line of Kingwood Street, a distance of 34 feet to a stake, thence in a westerly direction in a line parallel with the southern line of said Clark Street, a distance of 90 feet to said Kingwood Street, and thence in a northeasterly direction with said eastern line of Kingwood Street a distance of 34 feet to the place of beginning, designated as Lot No. 1, in Block No. 8, of the Cobun Addition, a plat of which is of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 93, at Page 302.
And being the same real estate conveyed to Tony Lee Britton and Deidra J. Britton, husband and wife, from Winthrop Merriam, Jr. and Elizabeth R. Merriam, husband and wife, by Deed dated the 23rd day of September, 1999, and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1187, at page 457.
PARCEL THREE
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Sixth Ward of the City of Morgantown, Monongalia County, West Virginia, with a known street address of 1164 CHALFANT LANE, MORGANTOWN, WEST VIRGINIA, more particularly bounded and described as follows, to-wit:
All that certain lot or parcel of land, lying and being on the south side of Maxey Street in the Town of Sabraton, Beginning at a stone on the southeast side of said Maxey Street, corner to lands formerly owned by Ella Chalfant; thence with said street in a northeasterly direction, a distance of 121 feet to a stake, corner to land formerly owned by Altha Warman; thence with line at right angles to said street in a southeasterly direction, a distance of 180 feet to a stake; thence with land formerly owned by the said Warman and a line parallel to said Maxey Street, in a southerly direction, a distance of 121 feet to a stake in line of lands formerly owned by the said Chalfant; thence with said Chalfant land, a distance of 180 feet to the place of beginning, containing one-half acre, more or less, and being a part of Lot No. 3 of the Warman, Utt, Warman Addition.
And being the same real estate conveyed to Tony Britton from Marilee Fabiano, as Executrix for the Estate of Mabel G. Palmer, deceased, et al, by deed dated the 13th day of November, 2001, and recorded in the aforesaid County Clerk’ s office, in Deed Book 1226, at page 388.
PARCEL FOUR
All that certain lot or parcel of real estate, together with the appurtenances thereunto belonging, situate in Union District, Monongalia County, West Virginia, with a known street address of 432 ED DUNN ROAD, MORGANTOWN, WEST VIRGINIA, and more particularly described as follows:
Being a newly created parcel extracted from the parent tract standing in the name of Grover C. Dunn and lying on the eastern side of West Virginia State Route 75/8, being bounded on the east by Dale L. Dunn, on the south by Lawrence W. DeWitt, and on the west and north by other lands of Grover C. Dunn and being described as follows: BEGINNING at a 5/8” rebar (found) corner to Grover C. Dunn, Deed Book 532, page 81, Lawrence W. DeWitt, Will Book 60, page 224, in the line of Dale L. Dunn, Deed Book 840, page 82, said corner being North 25° 11’ 09” East 166.69 feet from a 5/8” rebar (found), thence leaving said Dale L. Dunn and with said Grover C. Dunn and Lawrence W. DeWitt; North 81° 06’ 51” West 208.71 feet to a roofbolt (set) a new corner to aforesaid Grover C. Dunn; thence leaving aforesaid Lawrence W. DeWitt and with said Grover C. Dunn the following two (2) new division lines; North 25° 11’ 09” East 208.71 feet to a roofbolt (set); thence South 81° 06’ 51” East 208.71 feet to a roofbolt (set) a new corner in the line of aforesaid Dale L. Dunn, said corner being South 25° 11’ 09” West 7.38 feet from a 5/8” rebar (found); thence continuing with aforesaid Grover C. Dunn and said Dale L. Dunn, South 25° 11’ 09” West 208.71 feet to the point of beginning containing 0.999 acres as shown on a plat prepared by Professional Surveying & Mapping, Inc., dated March 18, 1994, a copy of which is recorded in Deed Book 1091, at page 492.
Together with a right of way thirty feet in width for ingress and egress over other property of the Grantor, which right of way is fifteen feet on each side of a centerline running as follows: BEGINNING at a point in the western property line of the line of the lot hereinbefore described, said point being North 25° 11’ 09” East 15.63 feet from a roofbolt (set); thence through the property owned by Grover C. Dunn, Deed Book 532, page 81, parallel and 15 feet north of the property line between said Grover C. Dunn and Lawrence W. DeWitt, Will Book 60, page 224, North 81° 06’ 51” West 147.35 feet to a point; thence turning north away from aforesaid property line a curve to the right having a radius of 50.00 feet, length of 68.84 feet, and a chord bearing and distance of North 41° 40’ 21” West 63.53 feet to a point; thence North 02° 14’ 54” West 20.21 feet to a point; thence with a curve to the left having a radius of 45.09 feet, length of 90.64 feet, and a chord bearing and distance of North 59° 49’ 13” West 76.13 feet to a point; thence South 62° 35’ 29” West 159.69 feet to the intersection with the eastern right-of-way limits to West Virginia State Route 75/8, as shown on the aforesaid plat.
And being the same real estate conveyed to Tony Lee Britton and Deirdra Jo Britton, husband and wife, from Grover C. Dunn, a single person, by Deed dated the 11th day of July, 1994, and recorded in the aforesaid County Clerk’ s office, in Deed Book 1091, at page 488.
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 18th day of August, 2017.
Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514
[email protected]