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 FRIDAY,
JULY 31, 2020
offer for sale certain property described in that deed of trust executed by John Edward Warner and Gloria J. Warner to Kevin C. Sponaugle, Trustee, which deed of trust is described as bearing date the 22nd day of May, 2006, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 110, at Page 267, 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 Franklin Corporation, Pendleton County, West Virginia, more particularly described as follows, to-wit:
A tract of real estate, with all improvements situate thereon, lying and being situate in the Town of Franklin, Franklin Corporation, Pendleton County, West Virginia, and bounded on the south side by Spruce Street, on the east side by South Branch Street, and on the north side by real estate owned by C.F.C. Services, Inc., and on the west side by property owned by L.P. Stickley, and being the same real estate that was conveyed to John Edward Warner by that certain Deed dated the 7th day of February, 1985, which Deed is of record in the Clerk’s Office of the County Commission of Pendleton county, West Virginia, in Deed Book 113, at Page 209, to which Deed reference is herewith made for all pertinent purposes.
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 29th day of June, 2020, and of record in the Clerk’s Office aforesaid in Trust Deed Book 164, at Page 492.
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 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%) 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 30th day of June, 2020.
JEFFREY S. BOWERS, SUBSTITUTE TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333 7-23-2c