Legal 3 col x 9-3/4”
0821 0828
TO: CHRISTOPHER MONTVILLE
11976 DUCK RD.
IVYDALE, WV 25113
BETTY MONTVILLE
11976 DUCK RD.
IVYDALE, WV 25113
NOTICE OF SALE
Under authority of a certain Deed of Trust dated June 25, 2022, from Christopher Montville and Betty Montville to J. Gregory Gency and Raymond G. Dodson, Trustees, securing Clay County Bank in the amount of $127,500.00 of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Trust Deed Book 151, at page 784, default having been made in the payment of the obligation secured by said Deed of Trust, and sale having been requested in writing by the holder of the indebtedness secured, the undersigned, Andrew C. Shaffer, Substitute Trustee, by virtue of Notice of Substitution of Trustee dated April 29, 2025, and recorded in the aforesaid Clerk’s Office in Miscellaneous Book 37, at page 358, will hold a public auction at the front door of the Clay County Courthouse on Main Street, in Clay County, West Virginia, on September 16, 2025, at 10:00 0’clock, and sell the certain real estate conveyed in said Deed of Trust, which is further bounded and described as follows:
The surface only of all those two certain lots, tracts, or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the Elk River between West Virginia State Route No. 4, and Elk River, in Otter District, Clay County, West Virginia, and being more particularly bounded and described as follows:
FIRST TRACT:
BEGINNING at an iron pin situate in the southerly line of West Virginia State Route No. 4, said iron pin being 77 feet east of a drain and culvert situate in the southerly line of West Virginia State Route No. 4, said drain and culvert being situate 228 feet west of the northwest corner of a certain parcel of land described as “Tract No. One”, as the same was conveyed unto George E. Meadows and Ida Meadows, his wife, by Cullen G. Hall, Special Commissioner, by deed dated June 27, 1969, said deed duly of record in the Office of the Clerk of the County Court [Commission] of Clay County, West Virginia, in Deed Book 100, at Page 580, thence in an easterly direction with the southerly line of West Virginia State Route No. 4, 70 feet to a stake in the said line of West Virginia State Route No. 4, thence leaving the said line of West Virginia State Route No. 4 and in a southeasternly direction 272 feet, more or less, to the water’s edge of Elk River; thence down the said river and binding thereon, 89 feet, more or less, to a stake in the water’s edge, thence leaving the water’s edge and in a northwesternly direction, 300 feet, more or less, to the place of beginning.
SECOND TRACT:
BEGINNING at a drain and culvert and the southerly line of West Virginia State Route 4, said beginning point being situate 228 feet west of the northwest corner of a certain parcel of land described as “Tract No. One”, as the same was conveyed unto George E. Meadows and Ida Meadows, his wife, by Cullen G. Hall, Special Commissioner, by deed dated June 27, 1969, said deed duly of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 100, at page 580; thence in an easterly direction with the southerly line of West Virginia State Route No. 4, 77 feet to a stake in the said line of West Virginia State Route No. 4; thence leaving the said line of West Virginia State Route No. 4 and in a southeasterly direction 300 feet, more or less, to the water’s edge of Elk River; thence down the said river and binding thereon, 142 feet, more or less, to a small drain; thence leaving the water’s edge and up and with the meanders of said drain 267 feet, more or less, to the place of beginning.
Being the same property conveyed unto Christopher Montville and Betty Montville by that certain deed dated May 19, 2015, from Patricia A. Stover, of record in the aforesaid Clerk’s Office in Deed Book 214, at page 497.
This conveyance will also be made subject to any and all reservations, exceptions, restrictions, rights of way and easements contained in prior deeds affecting said property of record in said Clerk’s office or visible on the ground.
This property will be conveyed by Trustee “as is” and “where is” together with the hereditaments thereof and all building, structures and improvements now or hereafter situate thereon and all fixtures, materials, supplies, equipment, machinery and other property as is now or may hereafter be an accession thereto, be a fixture thereto, or be otherwise treated or deemed as a part of the land described herein, all of which is included in the term “property” as used herein. By way of example and not byway of limitation, such fixtures and accessions shall include heating, cooling and air-conditioning units, plumbing and electrical fixtures and equipment, built-in appliances of every kind, boilers, machinery, motors, wall-to-wall carpeting, storm doors and windows, awnings and all furnishings attached to the property.
The above-described real estate will be conveyed by the undersigned Trustee to the purchaser by deed containing a Covenant of Special Warranty and subject to all liens, reservations and exceptions appearing in the record of title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid deed of trust.
Purchaser must pay all transfer taxes, delinquent or current real estate taxes, title search and any costs related to recording any Deed from the Trustee herein.
TERMS OF SALE
Any successful bidder shall pay 10% of the sales price as a deposit in Certified Funds or Cash at the time of sale with the balance to be paid within 30 days from date of sale. The above-described real estate will be sold by the undersigned Substitute Trustee by auction to the highest bidder subject to the right of the Trustee to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above-described deeds of trust and the owner of any other interest in the properties to be sold shall have the right to bid.
CONTINUANCE OR ADJOURNMENT OF SALE
The Substitute Trustee reserves the right to continue the sale, or adjourn the sale for a time, or from time to time, and the place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
Dated: August 11, 2025
Andrew C. Shaffer
Substitute Trustee