Tucker

Notice of Sale

NOTICE OF SALE UNDER DEED OF TRUST
Default having been made in the payment of those two (2) notes and debt secured by those certain deeds of trust, executed by Harold J. Michael, which the first deed of trust is dated January 18, 2013, and recorded in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Trust Deed Book 260 page 154 and the second deed of trust is dated January 18, 2013, and recorded in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Trust Deed Book 260 at page 161, and demand for sale having been made by the beneficiary and holder of the note and debt secured thereby, to-wit: Premier Bank, Inc. notice is hereby given that on the 10th day of February, 2016, at 11:00 o’clock A.M., the undersigned, Trustee, Terry D. Reed, will offer for sale at public auction to the highest bidder thereof, at the front door of the Courthouse at Tucker County, West Virginia, subject to the reservations, exceptions and provisions hereinafter mentioned, described or referred to, the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, being more particularly described as follows:
All those certain lands, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Black Fork District, Tucker County, West Virginia, and more particularly bounded and described as follows, to-wit:
Tract I:
PARCEL NUMBER SEVEN (7): Beginning at 3/4” x 24” rebar, a corner of the W.Va. Department of Highways 125/298 (Parcel No. 1 of W.Va. State Project Number S347-1-0.48) said rebar being 83 feet radially(sic) right of centerline station 16+79 and from which point a 3/4” x 24” rebar, a corner of said W.Va. Department of Highways bears S. 45-29-17 W. 342.27 feet; thence leaving the W.Va. Department of Highways and with Parcel No. 6 of Blackburn surveys, S. 70-02-33 E. 334.55 feet to a 3/4” x 24” rebar, southwest of the Blackburn residence; thence S. 71-43-43 E. 304.63 feet to a 3/4” x 24” rebar, a corner to Parcel No. 6 of this survey and on line of the Donald D. Nestor 96/577, 90/310 tract, said point bring approximately 1 foot east of a gatepost; thence leaving Parcel No. 6 and with the Donald D. Nestor tract, N. 30-41-45 E. 156.00 feet to a concrete monument (near the high water mark of the Cheat River) a corner to Donald D. Nestor (set by Campbell); thence continuing with said Nestor, N. 30-41-45 E. 210.00 feet to a point at the low water line of the Cheat River; thence leaving Donald D. Nestor and with the low water line of the Cheat River, N. 82-32-11 W. 459.84 feet to a point; thence continuing with the low water line of Cheat River, N. 74-31-12 W. 247.30 feet to a point at the low water mark of Cheat River and on line of the W.Va. Department of Highways; thence leaving Cheat River and with the W.Va. Department of Highways, S. 22-38-59 W. 189.79 feet to a 3/4” x 24” rebar (set), a corner to the W.Va. Department of Highways, said point being approximately 10 feet northeast of a 40” red maple; thence S. 22-38-59 W., crossing the access road to the Blackburn residence at 30 feet and in all 60.21 feet to the beginning, containing 4.46 acre, more or less.
The property herein conveyed is the same tract conveyed unto Harold J. Michael by John Vincent Tucci by deed dated January 10, 2013 of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia in Deed Book 210 at page 693.
Tract II:
(1) Parcel No. 6: Beginning at a point on the right-of-way of W.Va. Secondary Route No. 1 (Holly Meadows Road) from which point a 3/4” x 24” rebar in concrete, a corner to Parcels No. 2 and 3 of the Doris J. Blackburn surveys bears S. 42-12-20 W. 303.46 feet; thence, leaving W.Va. Secondary Route No. 1 and with Parcel No. 3 of the Blackburn surveys S. 35-44-05 E. 431.44 feet to a 3/4” x 24” rebar (at the base of a corner fencepost) a corner to Parcels No. 3 and No. 4 of the Blackburn surveys; thence, leaving Parcel No. 3 and with Parcel No. 4 S. 36-21-35 E. 209.00 feet to a 3/4” x 24” rebar, in concrete approximately 3 feet northeast of a fence line, a corner to Parcels No. 4 and 4 of the Blackburn surveys; thence, leaving Parcel No. 4 and with Parcel No. 5 S. 36-21-35 E. 182.09 feet to a concrete monument, in the outside line fence (set by Campbell); thence, leaving Parcel No. 5 and with a line fence N. 30-41-45 E. passing a 2” iron pipe at approximately 532.00 feet (a corner to Woodrow O. Price 119/417 and Donald D. Nestor 96/577, 90/310), and continuing with said fence line in a all 804.00 feet to a 3/4” x 24” rebar (set) approximately one (1) foot east of a gatepost (on line of the Donald D. Nestor tract); thence, leaving said Donald D. Nestor and with a division line through the Doris J. Blackburn tract N. 71-43-43 W. 304.63 feet to a 3/4” x 24” rebar (set) southwest of the Blackburn residence and approximately 18 feet southwest of a water well; thence, continuing through the Doris J. Blackburn tract N. 70-02-33 W. 334.55 feet to a 3/4” x 24” rebar (set), a corner to the W.Va. Dept of Highways 125/298 (Parcel No. 1 of W.Va. State Project Number S. 347-1-0.48) said rebar being 83 feet radically right of centerline station 69+79; thence with the W.Va. Department of Highways S. 45-29-17 W. 342.27 feet to a 3/4” x 24” rebar (set), a corner to the W.Va. Department of Highways 125/298, said point 50 feet right of and at an angle to centerline station 13+50; thence, N. 45-40-09 W. 35.77 feet to the end guardrail post, a corner to the W.Va. Department of Highways, said point being 15.00 feet off the centerline of W.Va. State Secondary Route 1; thence with the right of way line of W.Va. Secondary Route 1, S. 44-53-25 W. 29.57 feet to the beginning, containing 9.17 acres, more or less.
The property herein conveyed is the same tract conveyed unto Harold J. Michael by John Vincent Tucci by deed dated January 18, 2013 of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia in Deed Book 210 at page 697.
This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.
This sale is made subject to, and where applicable, the Purchaser herein shall have the benefit of the exceptions, reservations, rights of way, easements and provisions contained in the foregoing deeds of record.
This sale is further made subject to any and all terms of any other deeds constituting the chain of title. The aforesaid tract, and sale thereof, are subject to rights of way or easements and all prior reservations, exceptions, restrictions and agreements affecting the premises which are of record 41 said Clerk’s Office or which would be disclosed by a careful inspection of the premises and any unpaid real estate taxes.
Said sale is further made subject to any prior reservations of coal, oil or gas, minerals, and mining, drilling and production rights pertinent thereto. No representation or warranty as to the status of title to the aforesaid property, nor the status of any appurtenances or rights pertaining thereto is given.
TERMS OF SALE
Cash in hand on day of sale, and subject to any and all unpaid or unassessed property taxes against said real estate.
The undersigned Trustee reserves the right to continue, cancel, or postpone the sale of said real estate and property from time to time, and to reject all bids if deemed inadequate as he may determine necessary, without notice other than oral proclamation of said postponement, continuation or cancellation at the advertised tune and place of said sale.
Dated at Buckhannon, West Virginia this 5th day of January, 2016