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 AUGUST 30, 2024
offer for sale certain property described in that deed of trust executed by Roger Lawrence and Deloris Lawrence to Jeffrey S. Bowers, Trustee, which deed of trust is described as bearing date the 3rd day of December, 2010, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 131, at Page 683, 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 Sugar Grove District, Pendleton County, West Virginia, more particularly described as follows, to-wit:
That certain real estate, together with the buildings and improvements thereon located, situated, lying and being in Sugar Grove District, Pendleton County, West Virginia, and being more particularly described by their metes and bounds as follows:
TRACT NO. 1: BEGINNING at a pipe with a 2” x 2½” cap, set, corner of Orville Coffman et als (96/408) on the right of way of the Brushy Fork Road; thence with said Coffman and leaving said right of way N. 49-29 W. 156.83 feet to a ½” iron pipe, found, corner of the same, on line of the United States Forest Service; thence with line of said Forest Service N. 35-11 E. 112.25 feet to a 1” iron pipe in a stone pile, set, corner of a lot surveyed this day for Thomas Cook et als, containing 0.662 acre; thence leaving the Forest Service and with said Cook S. 42-12 E. 199.41 feet passing a 1” iron pipe, set, at 104.15 feet and passing a pipe with a 2” x 2½” cap at 188.41 feet, to a point in the Brushy Fork Road, witness the south end of a 12” corrugated steel culvert which bears N. 41-28 W. 7.72 feet; thence leaving said Thomas Cook et als., S. 59-43 W. 91.60 feet to the beginning and containing 0.406 acre or 17,342 square feet, more or less, deducting 359 square feet for the right of way of West Virginia Secondary Route 30, the Brushy Fork Road, leaves a net acreage of 17,342 square feet, more or less, and being the same real estate granted and conveyed to the Grantors by that certain Deed dated August 17, 1998, and recorded in the Clerk’s Office aforesaid in Deed Book 148, at page 304, to which reference is herewith made for all pertinent purposes.
TRACT NO. 2: The following described tract or parcel of real estate, lying and being situate on the West side of and adjoining the Brushy Fork Road on Brushy Fork, Sugar Grove District, Pendleton County, West Virginia, and being more particularly described as follows:
BEGINNING at an iron stake and the North East corner of a lot containing 0.139 acres and thence running with the Brushy Fork Road N 57-45 E. 52.5 feet to an iron stake; thence N 50 W 157 feet to a stake and stone on the U.S. Forest Service line; thence S 32-30 W 50 feet to a stake and stone and the North West corner of a lot containing 0.139 acres; thence S 50 E 134.5 feet to the point of beginning, containing .162 acre, more or less, and being the same real estate granted and conveyed to the Grantors herein by Deed dated February 2, 2007, and of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 174, at Page 242.
TRACT NO. 3: That certain tract or parcel of real estate located on the west side of and adjoining the Brushy Fork Road on Brushy Fork, Sugar Grove District, Pendleton County, West Virginia, and being more particularly described as follows:
BEGINNING at an iron stake and the North Eastern corner of a lot containing 0.108 acres; thence running with the Brushy Fork Road N. 65 30’ E. 11.4 feet to an iron pipe; thence N. 57 45’ E. 42 feet to an iron stake and the south eastern corner of a lot containing 0.162 acre; thence N. 50 W. 134.5 feet to a stake and a stone on the U.S. Forest Service line; thence S. 32 30’ W. 50 feet to an iron stake and the North West Corner of a lot containing 0.108 acre; thence S. 50 E. 108 feet to the point of beginning, containing 0.139 acre, more or less, and being the same real estate granted and conveyed to the Grantors herein by Deed dated February 2, 2007, and of record in the Clerk’s Office aforesaid in Deed Book 174, at Page 242.
The Grantors further grant and convey to 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 15th day of July, 2024.
JEFFREY S. BOWERS,
TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333
8-22-2c