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,
JANUARY 7, 2022
offer for sale certain property described in that deed of trust executed by Dreu M. Wright to Jeffrey S. Bowers or J. Stuart Bowers II, Trustees, dated and recorded on the 15th day of May, 2015, in the Clerk’s Office aforesaid in Trust Deed Book No. 148, at Page 151, securing Almost Heaven Habitat for Humanity, Inc., in the principal sum of $80,000.00. Said Deed of Trust was assigned to Grant County Bank of record in Assignment Book 7, at Page 209. Said property is also subject to a subordinate Deed of Trust from Dreu M. Wright to Jeffrey S. Bowers or J. Stuart Bowers II, Trustees, dated and recorded on the 15th day of May, 2015, in the Clerk’s Office aforesaid in Trust Deed Book No. 148, at Page 162, securing Almost Heaven Habitat for Humanity, Inc., in the principal sum of $21,000.00. Said Deed of Trust was also assigned to Grant County Bank of record in Assignment Book 7, at Page 209. Grant County Bank being the Beneficiary, the payment of certain indebtedness represented by notes therein described, of which property is described as being situated in Franklin District, Pendleton County, West Virginia, more particularly described as follows, to-wit:
That certain tract or parcel of real estate containing 0.130 acres, more or less, designated as Lot 36A, lying and being situate in Franklin District, Pendleton County, West Virginia, and being more particularly described by its metes and bounds in the Description of Survey and Plat of Survey of record in the Clerk’s Office aforesaid in Deed Book 197, at Pages 243 and 244, and being the same real estate conveyed to Dreu M. Wright, pursuant to Deed dated 8th day of May, 2015, and of record in the Clerk’s Office aforesaid in Deed Book 197, at Page 240, to which references are herewith made for all pertinent purposes.
The Grantor further grants and conveys to the Grantees, their heirs and assigns, an easement for ingress and egress over a 15 foot common driveway and an eleven foot common driveway.
Said real estate is subject to those rights of ways as shown on the Plat of Survey hereinabove made reference to, as well as those water and sewer line easements as shown on the Plat hereinabove made reference to the Plat of record in Map Book 4, at Page 270.
There is also of record a Purchase Agreement on the subject tract of real estate recorded on the 8th day of May, 2015, in Deed Book 197, at Page 245.
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 30th day of November, 2021.
JEFFREY S. BOWERS,
TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333
12-23-2c