NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that under the authority of that certain Deeds of Trust hereinafter described, the undersigned G. Isaac Sponaugle, III, will, at the Front Door of the Pendleton County Courthouse in Franklin, West Virginia, on
FRIDAY,
OCTOBER 20, 2023
At 11:00 A.M.
offer for sale certain property described in that certain Deeds of Trust executed by Matthew C. Gilbert to George I. Sponaugle II and G. Isaac Sponaugle, III, Trustees, which Deed of Trust is described as follows: (1) that certain Deed of Trust bearing date October 15, 2014, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book No. 146, at page 757, and given to secure Walter K. Campbell, Jr. and Sharon B. Campbell, the Beneficiaries, the payment of a certain indebtedness represented by a Note therein described; and which property is described as follows:
That certain real estate, together with all hereditaments and appurtenances hereunto belonging, and all buildings and improvements thereon, lying and being situate in Bethel District, Pendleton County, West Virginia, more particularly described as follows, to-wit:
TRACT NO. 1: Beginning at a stone on a little flat; thence, S. 32 degrees West crossing a drain and up a bank 22 poles and 10 links, to a stone, present corner of fence; thence, S. 53 degrees E. 23 poles to the center of the public road a cedar in said line; thence, N. 34 degrees E. with the meanderings of said road 21 poles and 23 links, to a point in said road and corner of fence with said fence N. 54 degrees W. up a ravine 23 poles and 11 links to the beginning, containing three (3) acres, more or less.
TRACT NO. 2: Beginning at a corner of the home tract of J. F. Teter and Cleda Teter in Public road; thence, (old survey) N. 54 degrees W. 23 poles and 11 links to Teter’s and Dyers’ corner in a flat near a drain, at a stake; thence, the division lines S. 89 degrees E. 15 poles and 10 links to a corner post of garden, S. 44 degrees E. 12 poles to the center of Public road near a bridge, and thence, S. 42-1/2 degrees W. along the road 8-2/5 poles to the beginning and containing 1-1/8 acres, more or less.
This conveyance is made subject to the following reservations contained in the deed of conveyance into Matthew C. Gilbert: “Further, Grantor, Donna J. Gilbert hereby reserves unto herself, her friends, family and invitees, for the remainder of her lifetime, the right to enter the property herein conveyed for the purpose of visiting the gravesite and garden on the property where her husband, Hugh D. Gilbert is buried.”
Matthew C. Gilbert obtained title to the above described real estate by that certain deed dated October 10, 2014, recorded October 16, 2014, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book No. 196, at Page No. 22, from Donna J. Gilbert, to which reference is herewith made for all pertinent purposes.
The net acreage herein conveyed is 4-1/8 acres, more or less, and is carried on the Land Books of Pendleton County, West Virginia as Tax Map 28, Parcels 11 and 33 in Bethel District.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, conditions, easement, 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, without limitation, liens for real estate taxes. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchaser shall be responsible for payment of all real estate taxes.
The subject property will be sold in “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.
TERMS OF SALE: Cash in hand on day of sale or evidence of credit acceptable to the secured party.
FEDERAL TAX LIEN: In the event that 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.
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.
DATED this 11th day of September 2023.
G. ISAAC SPONAUGLE
III
TRUSTEE
SPONAUGLE &
SPONAUGLE
ATTORNEYS AT LAW
223 CHESTNUT STREET
P. O. BOX 578
FRANKLIN,
WEST VIRGINIA 26807
(304) 358-2337 (office)
(304) 358-2337 (fax)
[email protected]
9-14-2c