Pendleton

Notice of Sale Under Deed of Trust

NOTICE OF SALE

UNDER DEED OF TRUST

Notice is hereby given that under authority of that certain Deed of Trust hereinafter described, the undersigned Trustee will by virtue of authority vested in him at the front door of the Pendleton County Courthouse in Franklin, West Virginia,

AT 11:00 A.M.

ON

SEPTEMBER 28, 2018

offer for sale certain property described in that deed of trust executed by Lois F. Dasher, single, to Mark H. Wright or C. David Robertson, Trustees, which deed of trust is described as bearing date the 18th day of May, 2007, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 115, at Page 409, and given to secure SUMMIT COMMUNITY BANK; the Beneficiary, the payment of certain indebtedness represented by notes therein described, of which property is described as being situated in Bethel District, Pendleton County, West Virginia, more particularly described as follows, to-wit:

Those certain tracts or parcels of real estate, together with the buildings and improvements thereon located, situated, lying and being in Bethel District, Pendleton County, West Virginia, and bounded as follows:

FIRST: BEGINNING at the original east corner of 67.5 acre tract (deed referenced a thorn bush – now iron pin), thence running with the original line N. 49 13′ W. 141.19 feet crossing County Route 3, to an iron pin, thence with a new division line S. 47 W. 90.0 feet, to a pin on north side of County Road; thence S. 46 06′ E. 127.4 feet, crossing the road and running with yard fence to a pin at fence corner; thence N. 55 93′ E. 99.8 feet to the beginning, containing 0.22 acre, more or less. The portion of the above described parcel lying on the north side of the County Road shall be used for parking only and no buildings are to be constructed on said portion of said parcel. The parties of the first part further grant and convey unto the party of the second part and his assigns, the right to obtain water for domestic purposes from the Buckhorn Spring as conveyed to the parties of the first part.

The conveyance of the above described parcel is made subject to the reservation of a 20 foot wide farm road right of way described as follows: Beginning at County 3R/W and thence running with and adjacent to NE side of Lot No. 49 13′ W. to NW boundary of said lot, as described in Deed Book 94, at Page 260, in the Clerk’s Office of the County Commission of Pendleton County, West Virginia.

SECOND: A lot or parcel of real estate situate near Fort Seybert, joining the above described parcel and bounded as follows:

BEGINNING at an iron peg on the South East side of Route 3, a point in main lot; thence S. 26 W. 52.5 feet to an iron peg; thence S. 47-1/4 E. 96 feet to an iron peg; thence N. 56-1/4 E. 153.5 feet to an iron peg, a point in line of Lee Roy Evick; thence with said line N. 49 13; W. 52 feet to another corner of said lot; thence S. 55 39′ W. 99.8 feet to another corner of lot; thence N. 46-06 W. 72.5 feet to the beginning, containing .24 acre, more or less. The parties of the first part further grant and convey unto the said party of the second part and his assigns, for the consideration above set forth, a right of way leading from the Ft. Seybert Road in an easterly direction to the real estate herein conveyed for ingress and egress to the real estate herein conveyed on the location of the present driveway, and being the same right of way which was conveyed unto the parties of the Grantors by Edward Lee Simon and Jane Elizabeth Simon, his wife, by deed dated April 1, 1981, and of record in the Clerk’s Office aforesaid in Deed Book 104, at Page 175. The real estate herein conveyed is subject to the reservation to hook onto a water line and the covenant that no other residence can be constructed on said real estate as contained in the aforesaid deed. There is however granted and conveyed with the subject tract of real estate the right to continue to utilize said spring serving the residence situated on the subject tract of real estate.

The aforesaid two parcels of real estate are the same parcels which were conveyed unto the said Richard Lamont Dasher, Sr. and Lois Fern Dasher, his wife, with the right of survivorship, from Edward Lee Simon and Jane Elizabeth Simon, his wife, by deed dated April 1, 1981, and of record in the Clerk’s Office aforesaid in Deed Book 104, Page 175. Thereafter the said Richard Lamont Dasher, Sr. died on 7/31/03 leaving Lois Fern Dasher as the fee simple owner pursuant to the survivorship clause.

The Grantor further grants and conveys unto the Grantee, his heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.

Said Substitute Trustee was duly appointed by instrument dated the 17th day of July, 2018, and recorded in the Clerk’s Office aforesaid in Trust Deed Book 158, at Page 589.

This sale and the conveyance of title to the above described real property will be by Special Warranty. Environmental warranties disclaimed and subject to all covenants, restriction, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, with limitation. The subject property will be sold as “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

This sale is also made subject to the rights of tenants under the Protecting Tenants at Foreclosure Act of 2009. Neither the Trustee (Substitute Trustee) nor the holder of said note makes any representation or warranties as to the existence of any leases or other occupancy agreements affecting the subject property.

The real property taxes on the above described will be prorated as of date of sale and any excise tax shall be paid by purchaser, as well as recording costs upon recordation of said special warranty deed.

FEDERAL TAX LIEN: In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.

TERMS OF SALE: Twenty Percent (20{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) in hand on day of sale or evidence of credit acceptable to the secured party, and balance at closing, not to exceed thirty days. Announcements made at sale take precedence over any written notice or advertisement.

The undersigned 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 day of sale and any continuance thereof. The secured party reserves the right to purchase the property at such sale.

Persons interested in viewing the property may contact Jeffrey S. Bowers, PO Box 849, Franklin, West Virginia 26807, (304) 358-3333.

DATED this 22nd day of August, 2018.

JEFFREY S. BOWERS,

SUBSTITUTE TRUSTEE

P.O. BOX 849

FRANKLIN, WV 26807

(304)358-3333 9-20-2c