Source: January 30, 2019 Read More →

Notice of Sale Under Deed of Trust – David Huffman

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 12:00 NOON

ON FRIDAY,

FEBRUARY 8, 2019

offer for sale certain property described in that deed of trust executed by David A. Huffman to Mark H. Wright or Bradford Ritchie, Trustees, which deed of trust is described as bearing date of May 13, 2013, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 141, at Page 382, and given to secure SUMMIT COMMUNITY BANK, the Beneficiary, (as well as Judgment Book 14, Page 432, in favor of Summit Community Bank), the payment of certain indebtedness represented by note(s) therein described, of which properties containing 8.62 acres, more or less, and 0.654 acres, more or less, and more particularly described as follows:

Tract No. One: All of that certain tract or parcel of real estate, together with any and all improvements, rights of ways and appurtenances thereunto belonging, lying and situate in Timber Ridge and east of West Virginia Secondary Route 6 in Union District, Pendleton County, West Virginia, and being more particularly bounded and described as follows: Beginning at a 5/8 inch rebar found, a common corner with MS Huffman & AS Pratt, in the line of DA & SS Raines, from which point a 5/8 inch rebar found (original corner) bears N 82-41-12 W, 162.21 feet and another 5/8 inch rebar found on the eastern right of way WV Secondary Route 6 bears N 65-24-39 W, 518.10 feet; Thence with a line with said Huffman & Pratt, N 34-58-15 E, 978.57 feet to a 5/8 inch rebar found, in the line of R Raines, et al, from which point a painted stone found (original corner) bears N 18-06-40 W, 737.22 feet and a hacked tree found on said WV Secondary Route 6 eastern right of way bears N 18-33-19 E, 339.81 feet; Thence with a line with said R Raines, et al, S 18-06-40 E, 959.70 feet to a stone found with 3 hacks, in the line of said DA & SS Raines, Thence with a line with said DA & SS Raines, N 82-41-12 W, 866.26 feet to the point of beginning, containing 8.62 acres, more or less, and being the same tract or parcel of real estate that was granted and conveyed to David A. Huffman by that certain Deed dated April 23, 2013, and recorded in the Clerk’s Office aforesaid in Deed Book 192, at Page 647, to which reference is herewith made to the aforesaid deed for all pertinent purposes.

Tract No. Two: All of that certain tract or parcel of real estate, together with any and all improvements, rights of ways and appurtenances thereunto belonging, lying and situate in Circleville District, Pendleton County, West Virginia, containing 0.654 acre, and being the residue of a tract containing 1 3/8 acre conveyed E. A. Hartman by Warden G. Hartman, et ux., in that Deed dated March 23, 1957, and of record in the Clerk’s Office aforesaid in Deed Book 78, at Page 492, and also by Deed dated September 3, 1960, and of record in the aforesaid Clerk’s Office in Deed Book 81, at Page 192. The aforesaid deeds indicate that the 3/8 acre tract is subject to an out sale of approximately .33 acre to Don Arbogast by that deed dated June 23, 1956 and of record in the aforesaid Clerk’s Office in Deed Book 78, at Page 361. The real estate was devised to E. A. Hartman to Jerry R. Hartman pursuant to terms and provisions of his Last Will and Testament of record in Will Book 7, at Page 444. The said Jerry R. Hartman, et ux., conveyed a tract containing .396 acre out of the subject tract to Cecil C. Bennett, et al., in that Deed dated December 23, 1986, and of record in the aforesaid Clerk’s Office in Deed Book 117, at Page 511. Thereafter, Jerry R. Hartman departed this life on July 25, 2007, pursuant to the terms and provision of his Last Will and Testament of record in Will Book 16, at Page 414, wherein he devised the subject property to Ellen Louse Hartman, Joshua P. Hartman and Jacob D. Hartman. Thereafter the same was granted and conveyed to David A. Huffman by that certain Deed dated April 13, 2013, and recorded in the Clerk’s Office aforesaid in Deed Book 192, at Page 652, to which reference is herewith made to the aforesaid deed for all pertinent purposes.

The Grantor further granted and conveyed unto the Grantees, their heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.

Said Substitute Trustee was duly appointed by instrument dated 15th day of March, 2018, and of record in the Clerk’s Office aforesaid in Trust Deed Book 157, at Page 381.

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 Substitute 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 Substitute 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 4th day of January, 2019.

JEFFREY S. BOWERS,

TRUSTEE

P.O. BOX 849

FRANKLIN, WV 26807

(304)358-3333

1-31-2c