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 11:00.00 A.M.
ON AUGUST 21, 2020
offer for sale certain property described in that deed of trust executed by Adam L. DeHaven and Misty D. DeHaven to Jeffrey S. Bowers, Trustee, which deed of trust is described as bearing date the 28th day of July, 2004 and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 100, at Page 370, and given to secure Blue Grass Valley Bank, the payment of certain indebtedness represented by note therein described, and thereafter the same was assigned to ELLEN HOOVER, by Assignment Book 7, at Page 479, the Beneficiary, of which property is described as being situated in Circleville District, Pendleton County, West Virginia, more particularly described as follows, to-wit:
Those certain tracts or parcels of real estate, together with all hereditaments and appurtenances hereunto belonging and all rents, issues and profits thereof and all buildings and improvements thereon and all fixtures and accessories now or hereafter annexed and attached thereto, located, lying and being situate on the North East side of W.Va. Primary Route 28, at the foot of Hunting Ground and one-half mile West of Cherry Grove, Circleville District, Pendleton County, West Virginia, said tracts being more particularly described by their metes and bounds as follows:
TRACT NO. 1: BEGINNING at a ½” x 18″ iron pipe set 30 feet north of the centerline of Route 28, a division corner with Ellen and Robert Hoover; thence, with two of their lines N. 31-02 E. 129.83 feet crossing a drain to a 1/2″ x 18″ iron pipe set at the foot of Hunting Ground; thence, N. 24-38 E. 467.74 feet uphill to a point on the line of the Don Arbogast Estate and with one line of the same S. 12-50 E. 22.33 feet to a point, corner of Floda Vandevander; thence, with two of her lines S. 16-14 W. 475.28 feet downhill to a 1/2″ x 18″ iron pipe set north of a drain; thence, S. 36-19 W. 105.95 feet crossing the drain to a 1/2″ x 18″ iron pipe set 30 feet north of the centerline; thence, with Route 28, N. 69-12 W. 76.30 feet to the beginning and containing 0.72 acre or 31,412 square feet as surveyed and calculated by Thomas W. Firor, Licensed Land Surveyor, and being the same tract of real estate granted and conveyed to the Grantors herein by deed dated July 27, 2004 and recorded in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 166, at Page 559. Adam DeHaven thereafter granted and conveyed his interest to Misty DeHaven in Deed Book 197, at Page 651, to which deed references are herewith made for all pertinent purposes.
There is reserved on this tract of real estate, a well, the same being reserved along with an easement being granted to Floda Vandevander to serve her subject tract of real estate for her lifetime, then the same to go to Stelman Steven Vandevander. Said reservation for the easement was originally set forth in those partition deeds, said partition deeds being Deed Book 136, at Page 217, and Deed Book 137, at Page 107, with reference herewith also being made to Deed Book 104, at Page 431, for the original partition of said real estate, with reference being made to Map Book 4, at Page 222.
There is further reserved, although not shown on the plat hereinabove made referenced to, a right of way over the tract of real estate herein conveyed over a present roadway, said right of way serving the Floda Vandevander tract for her lifetime, then remainder to Stelman Steven Vandevander.
TRACT NO. 2: BEGINNING at an iron pin found, an original corner of the 3.59 acre tract on the northeast side of Route 28; thence, N. 74-42 W. 24.74 feet to a ½” x 18″ iron pipe set, a new division corner with Stelman Vandevander; thence, with four new division lines with him, N. 1 2-24 E. 40.54 feet to a 3/4″ x 18″ iron pipe set; thence, N. 21-59 E. 29.20 feet to a 3/4″ x 18″ iron pipe set; thence, N. 43-54 E. 71.54 E. 71.48 feet crossing a drain to a 1/2″ x 18″ iron pipe set at the foot of Hunting Ground; thence, N. 33-30 E. 484.37 feet uphill to a point on the line of the Don Arbogast Estate and with the same, S. 12-50 E. 7.57 feet to a point; thence, with two division lines with Harold Vandevander S. 24-38 W. 467.74 feet downhill to a 1/2″ x 18″ iron pipe set on the north side of a drain; thence, S. 31-02 W. 129.83 feet crossing a drain to a 1/2″ x 18″ iron pipe set on a bank 30 feet north of centerline; thence, with Route 28, N. 75-53 W. 54.54 feet to the beginning and containing 0.72 acre or 31,412 square feet as surveyed and calculated by Thomas W. Firor, Licensed Land Surveyor, and being the same tract of real estate granted and conveyed to the Grantors herein by deed dated July 27, 2004 and of record in the Clerk’s Office aforesaid in Deed Book 166, at Page 559. Adam DeHaven thereafter granted and conveyed his interest to Misty DeHaven in Deed Book 197, at Page 651, to which deed references are herewith made for all pertinent purposes. Reference also being made to Map Book 4, at Page 222, for all pertinent purposes.
There is further granted and conveyed to the Grantee, his heirs and assigns, an easement to use the drain lines for the septic system, which drain lines enter into the septic tank on the real estate and tract of Stelman Vandevander as well as also granting and conveying to the Grantee, his heirs and assigns, a right to the use and maintenance of the septic tank as well over the tract conveyed to Stelman J. Vandevander.
Said conveyance is subject to the reservation of a right of way across the road at the southeast corner of the real estate for the use of Stelman Vandevander so long as the right of way does not interfere with the real estate and is agreeable with the parties thereto as more particularly described and set forth in Deed Book 111, at Page 159.
The Grantors are granting and conveying to the Grantee, his heirs and assigns, as to the two subject tracts or parcels of real estate herein conveyed, any and all easements they may have as it relates to the same, including, but not limited to, easements for right of way for ingress and egress as well as an easement for drain lines and septic tank, as well as the conveyance being made subject to any and all easements of record, including those that may be as to a well or rights of ways for other parties.
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%) 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 20th day of July, 2020.
JEFFREY S. BOWERS,
TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333 8-13-2c