NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that, under authority of a certain deed of trust hereinafter described, the undersigned Trustee will, at the front door of the Randolph County Courthouse, in Elkins, West Virginia, on
May 13, 2015
11:00 a.m.
offer for sale certain property described in that certain deed of trust executed by Matthew R. Trail and Nickala K. Trail, husband and wife, to David E. Thompson and Rudy F. Torjak, Jr., as Trustees, which deed of trust is described as bearing date the September 4, 2009, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 461, at Page 409, and given to secure Citizens Bank of West Virginia, the payment of a note therein described.
Said property is described as follows:
First: All that certain tract or parcel of real estate situate in Leadsville District, Randolph County, West Virginia, on the waters of Beaver Creek, being more particularly bounded and described as follows:
“Beginning at a 3/4” iron rebar (set) on an old coal mine strip bench, being a corner to Austin Lloyd’s 2.30 acre tract (467/71 RC.), and being in the line of the Western Pocahontas Properties’ 400 acre tract (381/462) and being a corner to Matthew Trail’s 5 acre residue (497/506), thence leaving said 2.30 acre tract and leaving said 400 acre tract and with said 5 acre residue
S 86 27 56 W 338.85 feet to a 3/4” iron rebar (set), on said strip bench, being a corner to said 5 acre residue, thence with said 5 acre residue
S 69 27 56 W 132.00 feet to a 3/4” iron rebar (set), on the top edge of an old strip mine highwall, being a corner said 5 acre residue, from which the middle of an old mine opening is about S 69 W 25 feet, thence with said 5 acre residue
N 15 32 05 W 148.50 feet to a 3/4” iron rebar (set), on the northeast edge of an old mine drain, being a corner to said 5 acre residue, from which a 2” hickory tree (made a witness) is N 32-32 E 2.7 feet, thence with said 5 acre residue
N 49 32 02 W 203.50 feet to an old fencepost with a 3/4” iron rebar (set), on the southwest edge of said old mine drain, being a corner to said 5 acre residue
N 58 02 02 W 101.23 feet to a six foot metal fencepost (set) in said old mine drain, being in the line of said 5 acre residue, thence entering said 5 acre residue
N 42 02 45 E 39.66 feet to a 5/8” iron rebar (found)(buried), being a corner to Paul Baisi’s 1 acre tract (428/686), from which a 22” maple tree is S 65-04 W 4.2 feet, thence with said 1 acre tract
S 44 18 25 E 208.71 feet to a 5/8” iron rebar (found), being a corner to said 1 acre tract and being about 16 feet northeast of said
N 42 02 45 E 39.66 feet to a 5/8” iron rebar (found)(buried), being a corner to Paul Baisi’s 1 acre tract (428/686), from which a 22” maple tree is S 65-04 W 4.2 feet, thence with said 1 acre tract
S 44 18 25 E 208.71 feet to a 5/8” iron rebar (found), being a corner to said 1 acre tract and being about 16 feet northeast of said mine drain, from which a 14” maple tree is S 51-42 W 7.1 feet, thence with said 1 acre tract
N 42 02 45 E 208.71 feet to a 5/8” iron rebar (found)(bent), being a corner to said 1 acre tract, thence with said 1 acre tract
N 44 18 29 W 208.71 feet to a 5/8” iron rebar (found), being a corner to said 1 acre tract and being in the southeastern right of way line of the abovementioned CSX Railroad right of way, thence leaving said 1 acre tract and with the southeastern right of way line of said railroad way, thence leaving said 1 acre tract and with the southeastern right of way line of said railroad
N 43 13 36 E 99.03 feet to a 3/4” iron rebar (set), being in the line of said 5 acre residue and said railroad right of way, thence leaving said railroad right of way and entering said 5 acre residue with two (2) lines of partition
S 35 31 45 E 106.69 feet to a 3/4” iron rebar (set), thence
N 45 23 05 E 109.16 feet to a chisled “+” (made) on a small rock, being in the line of said 5 acre residue and the abovementioned 2.30 acre tract, thence with said 2.30 acre residue and said 5 acre residue
S 35 57 05 E at about 65 feet crossing the top of the abovementioned coal mine strip bench in all 627.53 feet to the beginning, containing 4.000 acres, more or less, as surveyed by Robert A. Kitzmiller PS No. 635 of Buckhannon, West Virginia.”
And being the same real estate conveyed to Matthew R. Trail and Nickala K. Trail, husband and wife, by virtue of a deed from Matthew R. Trail and Nickala K. Trail a/k/a Nickala K. Hutzler Trail, husband and wife, said deed dated the 5th day of April, 2005, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 502, at Page 292; and
Second: All of that certain tract or parcel of real estate situate in Leadsville District, Randolph County, West Virginia, on the waters of Beaver Creek, being more particularly bounded and described as follows:
“Beginning at a 3/4” iron rebar (set) in the southeastern right of way of CSX Transportation’s 15.76 acre tract (402/659), and being a corner to Austin Lloyd’s 2.30 acre tract (467/71 RC.) and being a corner to Matthew Trail’s 5 acre residue (497/506), thence leaving said railroad right of way line and with said 2.30 acre tract and said 5 acre residue
S 35 57 05 E 110.72 feet to a chisled “+” (made) on a small rock, being in the line of said 2.30 acre tract and said 5 acre residue, form which a 3/4” iron rebar (found) is S 35 57 05 E 627.53 feet, thence leaving said 2.30 acre tract and entering said 5 acre residue with two (2) lines of partition
S 45 23 05 W 109.16 feet to a 3/4” iron rebar (set), thence
N 35 31 45 W 106.69 feet to a 3/4” iron rebar (set), being in the line of said 5 acre residue and being in the southeastern right of way line of the abovementioned CSX Railroad, thence with said 5 acre residue and said railroad right of way
N 43 13 36 E 109.07 feet to the beginning, containing 0.268 acres, more or less, as surveyed by Robert A. Kitzmiller, PS. No. 635 of Buckhannon, West Virginia.”
And being the same real estate conveyed to Matthew R. Trail and Nickala K. Trail, by virtue of a deed from Matthew R. Trail and Nickala K. Trail, a/k/a Nickala K. Hutzler Trail, husband and wife, said deed dated the 5th day of April, 2005, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 502, at Page 296; and
Third: That tract or parcel of real estate situate in the Leadsville District, Randolph County, West Virginia, being more particularly bounded and described as follows:
“Beginning at a stake at Railroad corner to Rider; thence S 46 E 26.50 poles to a dogwood and white oak on the Brandenberg line; thence S 13 E 23 poles to a hickory corner to James Corley; thence N 42-1/2 W 45.10 poles to a stake at Railroad corner to James Corley; thence with said right of way N 37-1/2 E 9.60 poles to the beginning, containing 2.50 acres, more or less.”
Fourth: 2005 CMH Manufactured Appalachian Home, Serial No. CAPO193827NABP/THS28764B
And being the same real estate conveyed to Matthew R. Trail and Nickala K. Trail, husband and wife, by virtue of a deed from Austin H. Lloyd, said deed dated the 8th day of November, 2006, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed book 513, at Page 128.
By Substitution of Trustee dated the 5th day of March, 2015, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 532, at Page 629, Jennifer L. Morgan was appointed Substitute Trustee.
The above described property will be sold subject to all reservations, restrictions, exceptions and conditions contained in all prior deeds conveying said real estate except those pertaining to race, color or creed, and subject to all unpaid levies and assessments including real estate taxes.
TERMS OF SALE: Ten Percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) Cash in hand on day of sale, with the remaining balance due within thirty (30) days.
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 22nd day of April, 2015.
Jennifer L. Morgan
Substitute Trustee
4/29, 5/6