NOTICE OF SALE UNDER DEED OF TRUST
NOTICE IS HEREBY GIVEN that Heather M. Weese, Substitute Trustee under that certain deed of trust dated the 1st day of December, 2009, made by Joshua Boylen and Leslie Boylen, husband and wife, to David H. Wilmoth and David J. Orr, as Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 464, at page 612. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under that certain Deed of Trust. Accordingly, the Substitute Trustee will offer for sale at public auction the following described property, to the highest bidder at the front door of the Randolph County Courthouse, on:
WEDNESDAY, AUGUST 5, 2015, at 11:00 o’clock a.m.
The property is described as all that certain tract or parcel of real estate situate on the South side of Broadway Avenue in Roaring Creek District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a 3/4 inch rebar (set) on the Southern Right of Way of Broadway Ave, from which a 1 inch pipe (found) bears S 61-14-35 E 258.70 feet, thence leaving said Right of Way and with Lot B and a new partition line made by this survey; S 26-44-00 W. 235.71 feet to a 3/4 inch rebar (set) in the Northern Right of Way of an abandoned railroad, thence with said right of way; With a curve to the left having an arc length of 163.80 feet, a radius of 1030.00 feet, a delta angle of 9-06-45, a tangent length of 82.07 feet, a chord bearing of N 79-55-20 W and a chord length of 163.63 feet to a 3/4 inch rebar (Set) on the northern right of way, thence leaving said right of way and with Tax Map 119 Parcel 29 (Westvaco Corp.); N 07-33-20 E 308.87 feet to a 3/4 inch rebar (set) in the Southern Right of Way of Broadway Avenue, thence leaving said Parcel 29 and with said Right of Way; S 61-14-35 E. 258.39 feet to the place of beginning, containing 1.28 acres, more or less, as surveyed by Dennis E. Miller, P.S. #991 in October 1997, and shown as “LOT A” on a plat titled: APLAT OF PARTITION SURVEY OF RUBY JONES-MAP 120 PARCEL 33 FOR RUBY JONES.”
Including a 2000 Skyline Double Wide, VIN 67390213MAB, affixed to the subject real estate.
AND BEING the same real estate as conveyed unto Joshua Boylen and Leslie Boylen, by John Mosseso and Gina Perris, by deed dated November 20, 2009, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 537, at page 229.
This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.
TERMS OF SALE:
1. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, assessments, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions, of any nature whatsoever, of record in the Clerk=s office or affecting the subject property.
2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
3. The Substitute Trustee reserves the right to reject any and all bids received and continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Substitute Trustee.
4. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
5. The total purchase price is payable to the Substitute Trustee by certified or cashiers check within fifteen (15) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Substitute Trustee at sale by certified or cashiers check.
6. The 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 the day of sale and any continuances thereof.
Given under my hand this 19th day of June, 2015.
HEATHER M. WEESE, Substitute Trustee
W. Va. State Bar Identification No. 8618
Law Office of Heather M. Weese, PLLC
600 South Randolph Avenue, Suite 1
Elkins, WV 26241
(304) 636-6791
7/11, 7/18