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 OCTOBER 25, 2024
offer for sale certain property described in that deed of trust executed by Carl E. Blizzard and Katherine V. Smith to Jerry D. Moore, Trustee, which deed of trust is described as bearing date the 8th day of October, 2013, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 143, at Page 167, 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 Franklin 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 Franklin District, Pendleton County, West Virginia, containing 0.48 acre, more or less, and being more particularly described on that certain Plat of Survey attached to and recorded with that certain Deed hereinafter made reference to and made a part hereof, by reference hereto, as prepared by Thomas W. Firor, Professional Surveyor, and being the same real estate conveyed to the Carl Eugene Blizzard and Katherine Virginia Smith by Deed dated June 14, 2008, of record in the Clerk’s Office aforesaid in Deed Book 178, Page 254, who thereafter granted and conveyed the same to Katherine Virginia Smith Jones and James Tyler Jones, wife and husband, with right of survivorship, by Deed dated August 5, 2016, of record in the Clerk’s Office aforesaid in Deed Book 201, Page 6, to which references are herewith made for all pertinent purposes.
The Grantor further granted and conveyed unto the Grantee, his heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.
Said Substitute Trustee was duly appointed by instrument dated the 12th day of August, 2024, and recorded in the Clerk’s Office aforesaid in Trust Deed Book 178, at Page 528.
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. 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 23rd day of September, 2024.
JEFFREY S. BOWERS, SUBSTITUTE TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333
10-17-2c