Randolph

NOTICE OF SALE UNDER DEED OF TRUST

NOTICE OF SALE UNDER DEED OF TRUST

NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under that certain deed of trust dated the 4th day of December, 2009, made by Kelsey B. Channell to David H. Wilmoth and David J. Orr, as Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 465, at page 41. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under that certain Deed of Trust. Accordingly, the Substitute Trustee will offer for sale at public auction the following described property, to the highest bidder at the front door of the Randolph County Courthouse, on:

WEDNESDAY, DECEMBER 2, 2015 at 10:00 o’clock a.m.,

All that certain lot or parcel of real estate designated as Lot #7 of Point Mountain Properties division, situated on West Virginia secondary Route 58,255 feet north of its intersection with State Route 15 at Monterville, WV Mingo District, Randolph County, West Virginia, being more particularly bounded and described as follows:

“BEGINNING at a point in the center-line of said WV Secondary Route 58, a corner in line of Lot #11 of Point Mountain Properties (Part of DB 406/742) and a corner to Lot #8 (John C. & Charlotte Sterling DB 414/727), from which a 3/4” rebar with plastic cap, found, bears S 85∂ 58’ E, 15.04 feet, thence with said Lot #8

S 85∂ 58’ E, 330.06 feet to a 3/4” rebar with plastic cap, found a corner to said Lot #8, a corner to Vergil Tacy, Sr. & Wilson Welding Co. Reserved land (Part of DB 406/742) and a comer to Lot #4 of Upper Mesa Section of Point Mountain Properties (Plat Cabinet “C”, Slide 38), thence with said Lot #4

S 1∂ 43’ W, 331.08 feet to a 3/4” rebar with plastic cap, found, a corner to Lot #4 and Lot #5 of said Upper Mesa Section and a corner to Lot # 6 of Point Mountain Properties (Part of DB 406/742), from which a 3/4” rebar with plastic cap in concrete, found, bears S 1∂ 43’ W, 238.47 feet, thence with said Lot #6

N 85∂ 58’ W, 328.04 feet to a point in the center-line of said WV Secondary Route 58, a corner to said Lot #6 and a corner in line of Lot #10 (Harold Hillabold) – DB 420/386), thence with the center-line of said WV Secondary Route 58 for six lines

N 4∂ 21’ E, 51.31 feet to a point, thence
N 1∂ 49’ W, 42.89 feet to a point, thence
N 6∂ 20’ W, 65.62 feet to a point, thence
N 0∂ 04’ E, 51.48 feet to a point, thence

N 4∂ 21’ E, 62.35 feet to a point in the center-line of said road, a corner to Lot #10 and Lot #11, from which a 3/4” rebar with plastic cap, found, bears N 83∂ 12’ W, 15.14 feet, thence

N 7∂ 28’ E, 58.69 feet to the beginning, all bearings being true north, containing a gross area of 2.53 acres, less 0.11 acres for State Road right-of-way, leaving a Net Area of 2.42 Acres, more or less, as surveyed in May 1992 and plated in August 1993 by Leon G. Mallow, Professional Surveyor #567, Route 1, Montrose, WV.”

AND BEING the same real estate conveyed to Kelsey B. Channell, single, by Douglas Arno Warden and Douglas Arno Warden, II, by deed dated November 20, 2009, to be placed of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 537, at page 306.

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.

TERMS OF SALE:

1. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, assessments, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions, of any nature whatsoever, of record in the Clerk’s office or affecting the subject property.

2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.

3. The Substitute Trustee reserves the right to reject any and all bids received and continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Substitute Trustee.

4. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.

5. The total purchase price is payable to the Substitute Trustee by certified or cashiers check within fifteen (15) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Substitute Trustee at sale by certified or cashiers check.

6. The Substitute Trustee reserves the right to reject any and all bids received and to continue said sale from time to time, upon announcement thereof given verbally on the day of sale and any continuances thereof.

Given under my hand this 3rd day of November, 2015.

R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672
324 Randolph Avenue
Elkins, WV 26241
304-636-7797
11/18, 11/25