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 JANUARY 17, 2020
offer for sale certain property described in that deed of trust executed by Ralph Stephen Halewa to Jeffrey S. Bowers, Trustee, which deed of trust is described as bearing date the 25th day of January, 2006, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 108, at Page 366, and given to secure Pendleton 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:
BEGINNING at Corner 5 of U.S.A. Tract 1476 and on the line of U.S.A. Tract 84a: thence, with two lines of Tract 84a N. 19-00 W. 984.00 feet to a dead pine and pine stump on top of a ridge; thence, N. 33-15 W. 816.75 feet to a stake or stone on a ridge; thence, with L. Baldwin for one call N. 57-15 E. 680.00 feet to the west corner of V. Baldwin’s 0.57 acre tract; thence, with a subdivision for two calls S. 44-00 E. 746.00 feet to the south corner of Losh’s 0.461 acre tract; thence, N. 42-00 E. 200.00 feet to a 1 ½” iron pipe; thence, S. 34-00 E. 170.00 feet to a 1 ½” iron pipe; thence, S. 82-30 E. 374.00 feet to a 1 ½” iron pipe; thence S. 67-48 E. 321.45 feet to a 1 ½” iron pipe; thence, S. 18-16 W. 242.00 feet to a 1 ½” iron pipe set on the line of U.S.A. Tract 1476; thence, with three lines of said tract S. 87-14 W. 170.04 feet to U.S.A. Corner 7-1476; thence, S. 51-12W. 173.58 feet to Corner 6-1476; thence, S. 35-20 W. 1,252.02 feet to the beginning, containing 36.6 acres, more or less, and the same being real estate that was conveyed to the Grantor herein by that certain Deed dated the 31st day of August, 1992, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 132, at Page 355, and by Deed dated the 19th day of April, 2001, and of record in the Clerk’s Office aforesaid in Deed Book 156, at Page 305, to which Deed reference is herewith made for all pertinent purposes.
The real estate herein conveyed is made subject to the following off-conveyances: (1) 1.00 acre by Deed of record in Deed Book 107, at Page 115; (2) 4.32 acres by Deed of record in Deed Book 137, at Page 201; (3) 6.18 acres by Deed of record in Deed Book 144, at Page 297; and (4) 2.00 acres by Deed of record in Deed Book 144, at Page 315, in the Clerk’s Office aforesaid, thereby leaving a net acreage conveyed by this Deed of Trust of 23.10 acres.
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.
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 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 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 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 6th day of December, 2019.
JEFFREY S. BOWERS, TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333 1-9-2c