NOTICE OF SALE
UNDER DEED
OF TRUST
Notice is hereby given that under authority of that certain Deed of Trust hereinafter described, the undersigned Substitute 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 MARCH 5, 2021
offer for sale certain property described in that Deed of Trust executed by Andrew W. Firor and Jo Ellen Firor to Mark H. Wright or Bradford Ritchie, Trustees, which Deed of Trust is described as bearing date the November 18, 2016, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 153, at Page 228, and given to secure Summit Community Bank, the Beneficiary, the payment of certain indebtedness represented by note(s) therein described, the same being subordinate to a deed of trust of record in the Clerk’s Office aforesaid in Trust Deed Book 125, at Page 679, also given to secure Summit Community Bank, of which property is described, together with the buildings and improvements thereon located, situated, lying and being in Franklin District, Pendleton County, West Virginia, more particularly described as follows, to wit: a tract or parcel of real estate containing 2.49 acres, more or less, lying and being situate in Franklin District, Pendleton County, West Virginia, as described by metes and bounds in the Description of Survey and shown on a Plat both of which are attached to that certain Deed hereinafter made reference to, and being the same real estate conveyed to Andrew W. Firor and Jo Ellen Firor by that certain Deed dated February 28, 2001, and recorded in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 155, at Page 703, to which reference is herewith also made for all pertinent purposes.
Said Substitute Trustee was duly appointed by instrument dated 12th day of January, 2021, and recorded on January 14, 2021, in the Clerk’s Office aforesaid in Trust Deed Book 167, at Page 52.
The Grantors further granted and conveyed unto the Grantees, their heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate, including, but not limited to a right of way to provide ingress and egress to U. S. Route 33.
The Grantors further granted and conveyed unto the Grantees, their 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 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 29th day of January, 2021
JEFFREY S. BOWERS, SUBSTITUTE TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333
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